STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

JS CAPITAL, LLC,

Respondent.

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Case No. 2008-17793-W

 

 

AGREED ORDER

 

Complainant and Respondent desire to settle and compromise this action without hearing or adjudication of any issue of fact or law, and consent to the entry of the following Findings of Fact and Order.

 

I.  FINDINGS OF FACT

 

1.         Complainant is the Commissioner (“Complainant”) of the Indiana Department of Environmental Management (“IDEM”), a department of the State of Indiana created by Indiana Code (“IC”) 13-13-1-1.

 

2.                  Respondent is JS Capital, LLC. (“Respondent”), which owned and operated Wooded Hills Mobile Home Park when the violations cited below occurred.  Wooded Hills Mobile Home Park is located at 1025 Pumpkinvine Hill Road, in Martinsville, Morgan County, Indiana (the “Site”). Respondent is authorized by National Pollutant Discharge Elimination System (“NPDES”) Permit IN0038695 to discharge process wastewater treated in accordance with the terms and conditions of the NPDES permit to an unnamed ditch tributary to the White River.

 

3.                  IDEM has jurisdiction over the parties and the subject matter of this action.

 

4.                  Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation, via Certified Mail to:

 

JS Capital, LLC.

Jeffrey Sealy, Owner

Wooded Hills Mobile Home Park

19051 Stockton Drive

Noblesville, IN 46062

 

5.         Pursuant to 327 IAC 5-2-8(1), and Part I.A.1 of the NPDES Permit, Respondent is required to comply with all terms and conditions of the Permit. Any permit noncompliance constitutes violation of the Clean Water Act and IC 13 and is grounds for enforcement action.

 

6.         Part I.A.1 of the NPDES Permit sets forth the effluent limitations applicable to the discharge from Respondent’s facility, via Outfall 001. Part II B.1 of the NPDES permit states that permittee shall at all times maintain in good working order and efficiently operate all facilities and systems.

 

7.         Pursuant to 327 IAC 5-2-8(8) and Part II.B.1 (b) of the NPDES permit, the permittee shall at all times maintain in good working order and efficiently operate all facilities and systems.

Pursuant to Part II B. 4 of the NPDES permit, solids, sludges, filter backwash, or other pollutants removed from or resulting from treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering water of the State.

 

a.                  Collected screenings, slurries, sludges, and other such pollutants shall be disposed of in accordance with provisions set forth in 329 IAC 10 and 327 IAC 6.1, or another method approved by the Commissioner.

 

b.                  The permittee shall comply with existing federal regulations governing solids disposal, and with applicable provisions of 40 CFR Part 503, the federal sludge disposal regulation standards.

 

c.                  The permittee shall notify the Commissioner prior to any changes in sludge use or disposal practices.

 

d.                  The permittee shall maintain records to demonstrate its compliance with the above disposal requirements.

 

An inspection on March 18, 2008, by IDEM staff indicated that the flow meter appeared to be operational; however, there was no record of re-calibration of the unit.  Self-monitoring data indicates that the plant is not able to meet final effluent quality requirements for ammonia-nitrogen, biochemical oxygen demand, and total suspended solids, in violation of 327 IAC 5-2-8(1), 327 IAC 5-2-8(8), and Parts I.A.1, II.B.4, II.B.I, and II.B.1(b) of the NPDES permit.

 

The March 18, 2008, inspection also revealed improper maintenance of the facility.  All tanks and equipment were dirty and rusted, presenting a threat to pollute both the receiving stream and the immediate area around the facility, should the metal tanks fail.  All tanks contained excessive quantities of sludge solids and no record of sludge disposal from the facility, in violation of 327 IAC 5-2-8(8) and Parts II.B.1, II.B.1(b), and Part II.B.4 of the NPDES permit.

 

8.         Pursuant to 327 IAC 5-2-8(2) and Part II.A.4 of the NPDES permit, any discharge of pollutants into waters of the state as a point source discharge is prohibited unless in conformity with a valid NPDES permit obtained prior to the discharge.

 

Respondent’s permit was issued on April 1, 2003 and expired on March 31, 2008, in violation of 327 IAC 5-2-8(2) and Part II.A.4 of the NPDES permit. Respondent recently renewed NPDES permit, effective July 1, 2008.

 

9.         In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.

 

II.  ORDER

 

1.         This Agreed Order shall be effective (“Effective Date”) when it is approved by Complainant or Complainant’s delegate, and has been received by Respondent.  This Agreed Order shall have no force or effect until the Effective Date.

 

2.         Respondent shall comply with all applicable rules and permit conditions listed in the findings above at issue.

 

3.         Respondent is assessed a civil penalty of Five Thousand Eight Hundred Dollars ($5,800).  Said penalty amount shall be due and payable to the Environmental Management Special Fund by December 12, 2008.  In the event that the civil penalty is not paid by December 12, 2008, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101.  The interest shall continue to accrue until the civil penalty is paid in full.

 

4.         Civil penalties are payable by check to the “Environmental Management Special Fund.”  Checks shall include the Case Number of this action and shall be mailed to:

 

Indiana Department of Environmental Management

Cashier – Mail Code 50-10C

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

5.         This Agreed Order shall apply to and be binding upon Respondent and its successors and assigns.  Respondent’s signatories to this Agreed Order certify that he is fully authorized to execute this Agreed Order and legally bind the party he represents.  No change in ownership, corporate, or partnership status of Respondent shall in any way alter its status or responsibilities under this Agreed Order.

 

6.         In the event that any terms of this Agreed Order are found to be invalid, the remaining terms shall remain in full force and effect and shall be construed and enforced as if this Agreed Order did not contain the invalid terms.

 

7.         Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred.  Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

 

8.         This Agreed Order is not and shall not be interpreted to be a permit or a modification of an existing permit.  This Agreed Order, and IDEM’s review or approval of any submittal made by Respondent pursuant to this Agreed Order, shall not in any way relieve Respondent of its obligation to comply with the requirements of its applicable permit or any applicable Federal or State law or regulation.

 

9.         Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that Respondent’s compliance with any aspect of this Agreed Order will result in compliance with the provisions of any permit, order, or any applicable Federal or State law or regulation.  Additionally, IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of Respondent’s efforts to comply with this Agreed Order.

 

10.       Nothing in this Agreed Order shall prevent or limit IDEM’s rights to obtain penalties or injunctive relief under any applicable Federal or State law or regulation, except that IDEM may not, and hereby waives its right to, seek additional civil penalties for the same violations specified in the NOV.

 

11.       Nothing in this Agreed Order shall prevent IDEM (or anyone acting on its behalf) from communicating with the EPA or any other agency or entity about any matters relating to this enforcement action.  IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of such communications with the EPA or any other agency or entity.

 

12.       This Agreed Order shall remain in effect until Respondent complies with the terms of Order Paragraph Nos. 3 through 4 and IDEM issues a Resolution of Case letter.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

JS Capital, LLC.

 

 

 

By:

 

 

By:

 

 

Mark W. Stanifer, Chief

 

Printed:

 

 

Water Enforcement Section

 

Title:

 

 

Office of Enforcement

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

For the Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

 

 

 

 

 

Deputy Attorney General

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2008.

 

 

Commissioner:

 

 

 

Signed on December 12, 2008

 

Thomas W. Easterly

 

Commissioner