STATE OF INDIANA	)	SS:	BEFORE THE INDIANA DEPARTMENT OF
	)		ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION	)
COMMISSIONER OF THE DEPARTMENT	)
OF ENVIRONMENTAL MANAGEMENT,	)
	)
Complainant,	)
	)
v.	)	Case No. 2011-19923-W
	)
PINE VIEW LODGE, INC., D/B/A PINE VIEW LODGE AND GOLF COURSE,	) )
	)
Respondent.	)

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. Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein. Respondent's entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding, except a proceeding to enforce this 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 the Pine View Lodge, Inc., d/b/a Pine View Lodge and Golf Course (Respondent), which owns/operates its wastewater treatment plant (WWTP) with National Pollutant Discharge Elimination System (NPDES) Permit No. IN0050326 (the Permit), located at 1969 North West Shafer Drive in Monticello, White County, Indiana (the Site). Respondent is authorized in the Permit to discharge into receiving waters consisting of a ½ acre pond to an unnamed field tile to another ½ acre pond to an unnamed ditch thence to the Tippecanoe River to Lake Freeman via Outfall 001.

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 (NOV) via Certified Mail to:

Mr. Jeffrey J. Bonnell, President

Pine View Lodge, Inc., d/b/a

Pine View Lodge and Golf Course

1969 North West Shafer Drive

Monticello, IN 47960

5. Respondent operates a Class I, 0.016 MGD extended aeration treatment facility consisting of an aerated wet well, an aeration tank, a secondary clarifier, a chlorine contact tank, and a 2-day, 2-cell polishing pond system. Flow is measured at the outflow of the chlorine contact tank. The collection system is comprised of 100% separate sanitary sewers by design.

6. During an investigation conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 327 Indiana Administrative Code (IAC) 5-2-8(1) and Part II.A.1. of the Permit, the Respondent is required to comply with all terms and conditions of the Permit.

Part I.A.1 of the Permit contains the final effluent limitations applicable to the discharge from Outfall 001.

.

Discharge Monitoring Reports and Monthly Reports of Operation submitted by Respondent to IDEM for the period of November 2009 through December 2010 reveal violations of final effluent limitations contained in Part I.A.1 of the Permit as follows:

The monthly average concentration effluent limitations for Ammonia Nitrogen were exceeded during December 2009; and March, April and December 2010.

The weekly average pounds per day loading effluent limitation for Ammonia Nitrogen was exceeded during April 2010.

The Monthly average concentration effluent limitation for Total Suspended Solids was exceeded during December 2009; May, June, July, August, September, October, and December 2010.

The weekly average pounds per day loading effluent limitations for Total Suspended Solids were exceeded during August 2010.

The Monthly average concentration effluent limitation for Biochemical Oxygen Demand was exceeded during December 2009.

The monthly average concentration effluent limitation for Phosphorus was exceeded during December 2009 and April 2010.

The daily minimum chlorine concentration at the end of the chlorine contact tank was violated during April, July, and September 2010.

The daily maximum E.coli was exceeded during April, July and September 2010.

These failures to meet effluent limitations contained in the Permit are in violation of 327 IAC 5-2-8(1) and Parts I.A.1 and II.A.1. of the Permit.

b. Pursuant to 327 IAC 5-2-8(8), and Part II.B.1 of the Permit, Respondent shall at all times maintain in good working order and efficiently operate all facilities (and related appurtenances) for collection and treatment that are used by Respondent and necessary for achieving compliance with the terms and conditions of the permit. Respondent shall operate the permitted facility in a manner which will minimize upsets and discharges of excessive pollutants.

During an inspection of the Site on December 9, 2010, the IDEM wastewater inspector noted a lack of standby power or other equivalent provisions, no Operation Plan or Preventative Maintenance Plan on-site, and operation and maintenance was rated as unsatisfactory due to the facility having a number of effluent violations in 2009 and 2010. These operation and maintenance deficiencies are in violation of 327 IAC 5-2-8(8) and Part II.B.1 of the Permit.

7. 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. Within 60 days of the Effective Date of this Agreed Order, Respondent shall develop and submit to IDEM for its approval a Compliance Plan (CP) that includes:

a) the schedule for any arrangement for connection of Respondent’s wastewater to a local entity for treatment; or

b) the schedule for wastewater treatment facility improvements to achieve compliance with all terms and conditions of the NPDES Permit.

3. Respondent shall, within twelve months of the completion of the CP required by Paragraph 2 (Performance Period), demonstrate a period of eleven consecutive months of compliance with any valid NPDES Permit. During the Performance Period, Respondent shall be subject to stipulated penalties, as specified below. Within sixty days of the date that Respondent fails to achieve the Compliance Demonstration or it becomes aware that it will not be able to achieve the Compliance Demonstration within the Performance Period, it shall develop and submit to IDEM, for approval, a plan which identifies the additional actions that Respondent will take to comply with the terms of any valid NPDES Permit. This “Additional Action Plan”, if required, shall include a new implementation and completion schedule, including specific milestone dates.

4. The plans required by Paragraphs 2 and 3 above are subject to IDEM approval. In the event IDEM determines that any plan submitted by Respondent is deficient or otherwise unacceptable, Respondent shall revise and resubmit the plan to IDEM in accordance with IDEM’s notice. After three submissions of such plan by Respondent, IDEM may modify and approve any such plan and Respondent must implement the plan as modified by IDEM.

5. Respondent, upon receipt of written notification from IDEM, shall immediately implement the approved plan and adhere to the milestone dates therein. The approved Compliance Plan and Additional Action Plan shall be incorporated into the Agreed Order and shall be deemed an enforceable part thereof. Failure by Respondent to meet any of the milestones in the approved plan will subject Respondent to stipulated penalties as described below. Failure to achieve compliance at the conclusion of work under an Additional Action Plan will subject Respondent to additional enforcement action.

6. Respondent shall notify IDEM, in writing, within 10 days of completion of each action or milestone contained in any plan approved by IDEM pursuant to this Agreed Order. The notification shall include a description of the action completed and the date it was completed.

7. Respondent is assessed a civil penalty of Ten Thousand Three Hundred Dollars ($10,300). In lieu of payment of the civil penalty, Respondent shall perform and complete its Supplemental Environmental Project (“SEP”) which will result in the elimination of NPDES discharge at Outfall 001from Respondent’s wastewater treatment system. Within ten (10) days of completing this SEP, Respondent shall submit written notice and documentation to IDEM which substantiates all actions taken and costs incurred with respect to the SEP. In the event that the cost of the SEP is less than Ten Thousand Three Hundred Dollars ($10,300), Respondent shall pay the difference between the minimum cost of the SEP ($10,300) and the actual cost of the SEP.

As a Supplemental Environmental Project, Respondent shall implement its Pollution Reduction/Pollution Control SEP to connect its wastewater to either the Monticello or Twin Lakes wastewater system for treatment and eliminate Respondent’s NPDES discharge. Respondent shall provide a progress report to IDEM annually beginning one year from the Effective Date of this Agreed Order and shall complete the connection within 2 ½ years of the Effective Date of this Agreed Order.

In the event that Respondent does not complete the SEP within 2 ½ years, the full amount of the civil penalty as stated in paragraph above, plus interest established by IC 24-4.6-1-101 on the remaining amount, less the portion of the civil penalty Respondent has already paid, will be due within fifteen (15) days from Respondent's receipt of IDEM’s notice to pay. Interest, at the rate established by IC 24-4.6-1-101, shall be calculated on the amount due from the date which is thirty (30) days after the Effective Date until the civil penalty is paid.

8. All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

Paul Cluxton, Enforcement Case Manager

Indiana Department of Environmental Management

Office of Water Quality – Mail Code 60-02W

100 North Senate Avenue, Room 1255

Indianapolis, IN 46204-2251

9. In the event the terms and conditions of the following paragraphs are violated, Complainant may assess and Respondent shall pay a stipulated penalty in the following amount:

Paragraph	Violation	Stipulated Penalty
2	Failure to submit the CP, as required, within the given time period.	$250 per each week or part thereof late
3	Effluent violations that occur during the Performance Period.	$750 for each event
3	Failure to submit the Additional Action Plan, if required, within the given time period.	$250 per each week or part thereof late
4	Failure to resubmit a revised CP or Additional Action Plan, if required, within the given time period.	$250 per each week or part thereof late
5	Failure to meet any of the milestones in the approved plan	$500 per each week or part thereof late
6	Failure to notify IDEM, in writing, within 10 days of completion of each action or milestone contained in the approved plan(s).	$250 per each week or part thereof late

Stipulated penalties shall be due and payable within 30 days after Respondent receives written notice that Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude Complainant from seeking any additional relief against Respondent for violation of this Agreed Order. In lieu of any of the stipulated penalties set out above, Complainant may seek any other remedies or sanctions available by virtue of Respondent’s violation of this Agreed Order or Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.

10. Any stipulated penalties due are payable by check to the “Environmental Management Special Fund.” Checks shall include the Case Number and shall be mailed to:

Indiana Department of Environmental Management

Cashier – Mail Code 50-10C

100 North Senate Avenue

Indianapolis, IN 46204-2251

11. 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 they are fully authorized to execute this Agreed Order and legally bind the party they represent. No change in ownership, corporate, or partnership status of Respondent shall in any way alter their status or responsibilities under this Agreed Order.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of Order Paragraph Nos. 2 through 10 and IDEM issues a Resolution of Case letter.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

TECHNICAL RECOMMENDATION:		RESPONDENT:
Department of Environmental Management		Pine View Lodge, Inc., d/b/a Pine View Lodge and Golf Course
By: ________________________		By: ________________________
	Mark W. Stanifer, Chief
	Water Enforcement Section	Printed: ______________________
Office of Water Quality
		Title: ________________________
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 ___________________, 20___.
		For the Commissioner:
		Signed on July 1, 2011
		Bruno Pigott
		Assistant Commissioner
		Office of Water Quality