STATE OF INDIANA

COUNTY OF MARION

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SS:

BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

CWA AUTHORITY, INC.,

Respondent.

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Case No. 2017-24898-A




 

 

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 CWA Authority, Inc. (“Respondent”), which owns and operates the stationary municipal treatment plant with sewage sludge incinerators with Plant ID No. 097-00032, located at 2700 South Belmont Avenue, in Indianapolis, Marion County, Indiana (“Site”).

 

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”) on January 4, 2019, via Certified Mail to:

Jeff A. Harrison, President

Jennett M. Hill, Registered Agent

CWA Authority, Inc.

2020 N. Meridian Street

2020 N. Meridian Street

Indianapolis 46202

Indianapolis 46202

 

 

 

5.             During review of reports conducted by representatives of IDEM, the following violations were found:

 

a.       Pursuant to Part 70 Permit 097-33066-00032 (“the Permit”), issued to Respondent on October 14, 2014,

a) Condition D.2.2(a)(1), total particulate matter (“PM”) emissions from all the incinerators (I1 through I4) shall not exceed 1.3 pounds per ton,

b) Condition D.2.2(b)(2), single hazardous air pollutant (“HAP”) emissions from each of the incinerators (I1 through I4) shall not exceed 0.32 pounds per ton of dry sludge burned,

c) Condition D.2.2(b)(3), combined HAP emissions from each of the incinerators (I1 through I4) shall not exceed 0.77 pounds per ton of dry sludge,

d) Condition D.2.3(a)(5), each of the incinerators (I1 through I4) shall not emit PM in excess of five-tenths (0.5) pound of PM per one thousand (1,000) pounds of dry exhaust gas under standard conditions corrected to fifty percent (50%) excess air,

e) Condition D.2.4, the total PM emissions from the four (4) incinerators (I1 through I4) shall not exceed 72.5 tons per year or 0.030 grains per dry standard cubic foot (“dscf”),

f) Condition D.2.5(b), sulfur dioxide emissions (“SO2”) from each of the incinerators (I1 through I4) shall not exceed 2.0 pounds of SO2 per dry ton of sludge burned,

g) Condition D.2.7(c), each new sewage sludge incineration (“SSI”) unit, as defined by 40 CFR 60.4930, shall comply with the following provisions of 40 CFR 60, Subpart LLLL: 40 CFR 60.4845 through 40 CFR 60.4861, Emission Limits, Emission Standards, and Operating Limits and Requirements,

h) Condition D.2.7(e), each new SSI unit, as defined by 40 CFR 60.4930, shall comply with the following provisions of 40 CFR 60, Subpart LLLL: 40 CFR 60.4885 through 40 CFR 60.4895, Continuous Compliance Requirements,

i) Condition D.2.7(g), each new SSI unit, as defined by 40 CFR 60.4930, shall comply with the following provisions of 40 CFR 60, Subpart LLLL: 40 CFR 60.4910 through 40 CFR 60.4915, Recordkeeping and Reporting,

j) Condition D.2.7(i), each new SSI unit, as defined by 40 CFR 60.4930, shall comply with the following provisions of 40 CFR 60, Subpart LLLL: Table 2 through 5,

k) Condition D.2.10, to ensure compliance with Conditions D.2.1, D.2.2, D.2.3(a)(5), D.2.4, D.2.5(b) and D.2.7(c) (permit incorrectly cites D.2.7(a)(3)), the control devices for each of the incinerators (I1 through I4) shall be in operation at all times when the associated incinerator is in operation.

Respondent submitted reports between January 13, 2016 and July 30, 2019 that identified 2,106 deviations occurring between January 1, 2016 and June 30, 2019.  Each deviation meets one or more of the above mentioned conditions, in violation of the Permit and 40 CFR 60 Subpart LLLL.

 

b.             Pursuant to 40 CFR Subpart 60.4845 and Table 2 of Subpart LLLL, Dioxin and Furans (“D/F”) are limited to 0.0022 nanograms (“ng”) per dry standard cubic meter (“dscm”) toxic equivalency basis or 0.045 ng/dscm total mass.

 

Respondent conducted a compliance stack test of Incinerator 1 December 4-5, 2018. Results of the test indicated an excess of D/F, in violation of 40 CFR Subpart 60.4845 and Table 2 of Subpart LLLL.

 

6.             On March 28-29, 2019, Respondent retested Incinerator 1. The results of the test indicated compliance with both of the D/F limits in 40 CFR Subpart LLLL.

7.             On August 5, 2019, Respondent waived the issuance of a NOV for deviations listed on the Enforcement Action Letter issued May 8, 2019, additional deviations occurring in the First and Second Quarter 2019 that were based on reports submitted reports by Respondent, and the failed stack test that occurred on December 4th and 5th, 2018.

 

8.             Orders of the Commissioner are subject to administrative review by the Office of Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement reached, Respondent acknowledges notice of this right and 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 40 CFR 60 Subpart LLLL.

 

3.             Respondent shall comply with Part 70 permit 097-40394-00032 unless superseded by a renewal or modification.

 

4.             Respondent shall complete the actions as described below:

 

a.             By August 31, 2019, Respondent shall update Programmable Logic Controller (“PLC”) fault programming to implement delays or other responses to minimize deviation events for the fifteen (15) identified fault conditions on the control system for each SSI unit.

b.             By September 30, 2019, Respondent shall replace the existing two (2) air compressors with three (3) compressors for the Gravity Belt Thickener (“GBT”).  This project includes compressor management integrated into the plant Supervisory Control and Data Acquisition (“SCADA”) system.

c.              By October 15, 2019, Respondent shall review and update Preventative Maintenance Plan (“PMP”) to reflect predictive and preventative maintenance activities on ancillary systems that potentially relate to sludge incineration and/or emissions control.

d.             By December 31, 2019, Respondent shall replace the belt drive systems on the center shaft cooling fans with direct drive systems for Incinerators 1 through 4.

e.             By June 30, 2020, Respondent shall relocate and consolidate the incinerator operations control room with other plant operations to the Administration Building.

 

5.             Respondent shall provide documentation of compliance with each deadline specified in paragraphs 4.a. through 4.e within 15 days of completion.

 

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

 

Matthew Chaifetz, Senior Enforcement Case Manager

Compliance and Enforcement Branch – Mail Code 61-53

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

7.             Respondent is assessed and agrees to pay a civil penalty of One Hundred Thirty-One Thousand One Hundred Fifty Dollars ($131,150.00).  Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the 30th day being the “Due Date”.

 

8.             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

4.a

Fail to update PLC programming

 

$1,000 per week or part thereof

4.b.

Fail to replace compressors

$1,000 per compressor per week or part thereof

 

4.c

Fail to review/update PMP

 

$500/week or part thereof

4.d

Fail to replace belt with direct drive on center shaft cooling fans

 

$1,000 per direct drive per week or part thereof

4.e

 

Fail to complete control room consolidation project

 

$5,000 per week or part thereof

5

Failure to report completion of project(s)

$500 per week or part thereof

 

9.             Stipulated penalties shall be due and payable no later than the 30th day after Respondent receives written notice that Complainant has determined a stipulated penalty is due; the 30th day being the “Due Date”.  Complainant may notify Respondent at any time that a stipulated penalty is due.  Failure to notify Respondent in writing in a timely manner of a stipulated penalty assessment shall not waive Complainant’s right to collect such stipulated penalty or preclude Complainant from seeking additional relief against Respondent for violation of this Agreed Order.  Neither assessment nor payment of stipulated penalties shall preclude Complainant from seeking additional relief against Respondent for a violation of this Agreed Order; such additional relief includes any remedies or sanctions available pursuant to Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.

 

10.          Civil and Stipulated 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

Accounts Receivable

IGCN, Rm 1340

100 N Senate Ave

Indianapolis, IN  46204

 

11.          This Agreed Order shall apply to and be binding upon Respondent and their 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 its status or responsibilities under this Agreed Order.

 

12.          In the event that the monies due to IDEM pursuant to this Agreed Order are not paid on or before their Due Date, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1.  The interest shall be computed as having accrued from the Due Date until the date that Respondent pays any unpaid balance.  Such interest shall be payable to the Environmental Management Special Fund, and shall be payable to IDEM in the manner specified in Paragraph 10, above.

 

13.          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.

 

14.          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.

 

15.          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.

 

16.          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.

 

17.          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 this AO’s Finding of Fact paragraph 6.

 

18.          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.

 

19.          This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order and IDEM has issued a Resolution of Case letter to Respondent.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

CWA Authority, Inc.

 

 

 

By:

 

 

By:

 

 

Lynne Sullivan, Chief

 

Printed:

 

 

Compliance and Enforcement Section 2

 

Title:

 

 

Office of Air Quality

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

 

 

COUNSEL FOR RESPONDENT:

 

 

 

 

 

 

 

 

 

By:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2019.

 

 

For the Commissioner

 

 

 

Signed on September 9, 2019

 

Matthew Stuckey, Deputy Assistant Commissioner

 

Office of Air Quality

 

Indiana Department of Environmental Management