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STATE
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BEFORE
THE INDIANA DEPARTMENT OF |
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ENVIRONMENTAL
MANAGEMENT |
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COUNTY
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COMMISSIONER
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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v. |
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Case
No. 2018-25013-W |
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Freelandville Regional sewer |
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district |
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Respondent. |
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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 Indiana Code (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 IC 13-13-1-1.
2.
Respondent is Freelandville Regional
Sewer District (Respondent), which owns/operates the Wastewater Treatment Plant
(WWTP), located at 303 Henry Street, in Freelandville, Knox County, Indiana
(the Site).
3.
Respondent is authorized by National
Pollutant Discharge Elimination System (NPDES) Permit Number IN0064513 (the
Permit) to discharge wastewater treated in accordance with the terms and
conditions of the NPDES Permit from its WWTP into an unnamed tributary to
Marcia Creek via Outfall 001.
4.
IDEM has jurisdiction over the
parties and the subject matter of this action pursuant to IC 13-30-3.
5.
Pursuant to IC 13-30-3-3, IDEM
issued a Notice of Violation (NOV) via Certified Mail/personal service to Gib
Vance at 7 Street Highway 159 South, P.O. Box 274, in Freelandville, Knox
County, Indiana.
6.
Respondent operates a Class I, 0.088
MGD bio-mechanical treatment facility consisting of Sequencing Batch Reactors
with associated appurtenances. The collection system is comprised of 100%
separate sanitary sewers by design with no overflow or bypass points.
7.
During an investigation, including
inspections on November 7, 2017, and January 29, 2018 conducted by a
representative of IDEM, violations were found, as described below.
8.
Pursuant to 327 Indiana
Administrative Code (IAC) 5-2-8(1) permittee shall comply with all terms and
condition of the Permit. Any permit noncompliance constitutes a violation of
the Clean Water Act and Indiana Code (IC) 13 and is grounds for enforcement
action by IDEM.
9.
Pursuant to Part II.A.14 of the
Permit, the permittee shall have the wastewater treatment facilities under the
responsible charge of an operator certified by the Commissioner in a
classification corresponding to the classification of the wastewater treatment
plant.
Pursuant to IC 13-18-11-11, all water or wastewater
treatment plants and water distribution systems, whether publicly or privately
owned, must be under the supervision of an operator whose competency is certified
to by the commissioner in a classification corresponding to the classification
of the plant or distribution system to be supervised.
Pursuant to 327 IAC 5-22-10(2) the owner or governing body
of a WWTP shall place each WWTP under the direct supervision of one (1)
certified operator to be in responsible charge who:
A.
holds a current certification of a
classification eligible for operation at the classification of wastewater
treatment plant;
B.
makes process control or system
integrity decisions about the overall daily operation, maintenance, management,
and supervision of each wastewater treatment plant necessary to meet the
performance requirements and limits of:
(i)
the assigned permit;
(ii)
local ordinances; and
(iii)
other applicable regulatory
requirements; and
C.
is responsible that written and
electronic monitoring reports are prepared under his or her direction or
supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. The responsible
charge operator certifies that based on his or her inquiry of the persons who
manage the system, or those persons directly responsible for gathering the
information, that the information submitted is, to the best of his or her
knowledge and belief, true, accurate, and complete.
During inspections conducted on November 7, 2017 and January
29, 2018, an IDEM representative documented that the facility had no designated
certified operator in responsible charge of the facility from August 1, 2017
until January 12, 2018, in violation of Part II.A.14 of the Permit, IC
13-18-11-11, and 327 IAC 5-22-10. An
inspection conducted on November 1, 2018, documented that the facility had been
under the responsible charge of a certified operator as of January 12, 2018.
10.
Pursuant
to Part I.A.1 of the Permit, the permittee is authorized to discharge from
Outfall 001. The discharge is subject to monitoring, loading, and concentration
requirements as outlined in the Permit.
During inspections conducted on
November 7, 2017 and January 29, 2018, an IDEM representative observed and
documented that Respondent failed to monitor final effluent at the frequency
required by the Permit, in violation of Part I.A.1 of the Permit. An inspection conducted on November 1, 2018,
documented that all sampling had been conducted since the certified operator
was hired.
11.
Pursuant to Part I.B.8 of the
Permit, the permittee shall retain, for a minimum of three years, all records
and information resulting from the monitoring activities required by the
permit, including all records of analyses performed.
Pursuant to Part I.B.6 of the Permit, the permittee shall
record and maintain records of all monitoring information on activities under
this permit, including the following information:
A.
The exact place, date, and time of
sampling or measurements;
B.
The person(s) who performed the
sampling or measurements;
C.
The dates and times the analyses
were performed;
D.
The person(s) who performed the
analyses;
E.
The analytical techniques or methods
used; and
F.
The results of all required analyses
and measurements.
During an inspection conducted on November 7, 2017, it was
found that the sample log of representative sampling events, specifically for
effluent discharge from Outfall 001, was not available for review and during an
inspection conducted on January 29, 2018, the sample logs were determined to be
inadequate, each in violation of Part I.B.6 of the Permit. During an inspected conducted on November 1,
2018, the requested records were mostly complete and accurate.
12.
Pursuant to Part I.B.3 of the
Permit, the permittee shall submit accurate monitoring reports to IDEM
containing results obtained during the previous monitoring period and shall be
postmarked no later than the 28th day of the month following each
completed monitoring period. The first report shall be submitted by the 28th
day of the month following the monitoring period in which the permit becomes
effective. These reports shall include, but not necessarily be limited to, the
Discharge Monitoring Reports (DMR) and the Monthly Report of Operation (MRO).
During an inspection conducted on January 29, 2018, it was
found that Respondent failed to submit on time DMRs and MROs from August to
December 2017, in violation of Part I. B. 3 of the Permit. During an inspected conducted on November 1,
2018, the requested records were mostly complete and accurate. A correction requesting that the Regional
Sewer District Board President should have been listed as the signatory authority
in the Net DMR and MRO.
13.
On March 20, 2017, IDEM received an
anonymous compliant alleging the Respondent’s board hired an unlicensed board
member to operate the WWTP. On March 28, 2017, IDEM sent an Inspection Summary
Letter to Respondent outlining the complaint investigation and informing the
Respondent that the alleged operational scenario set forth above would not be
allowed, as the facility is required to be under direct supervision with
adequate on-site attendance of an operator with a minimum of a Class I license.
During an inspection conducted on November 1, 2018, an IDEM
inspector documented that the facility was under the direct supervision of a
certified operator with the proper licensing.
14.
On November 9, 2017 and January 29,
2018, IDEM sent Inspection Summary Letters to Respondent outlining violations
at the WWTP. Additionally, it was noted in the November 9, 2017 inspection
summary letter that the facility has been discharging effluent from Outfall 001
without a certified operator since September 2017, as indicated by a review of
the flow chart recorder data. The letters required a response detailing actions
taken to correct the violations. IDEM received responses to the letter(s)
explaining compliance actions Respondent took or would take to address the
violations. However, the violations noted above continue at the WWTP.
During an inspection conducted on November 1, 2018, an IDEM
inspector documented that the facility was under the direct supervision of a
certified operator with the proper licensing and the violation have been
corrected.
15.
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 adopted by Complainant or Complainant’s delegate
(as evidenced by signature), and the adopted Agreed Order has been received by
Respondent. This Agreed Order shall have no force or effect until the Effective
Date. In addition to addressing the violations cited in Paragraphs 9 through 12
of the Findings of Fact above, this Agreed Order also addresses any additional
violations of these same rules that may have occurred subsequent to the
issuance of the NOV and prior to the Effective Date.
2.
Respondent shall comply with rules,
statutes, and permit conditions listed above at issue.
3.
Upon the Effective Date, Respondent
shall sample, monitor, and report as required by the Permit and make available
to IDEM the required sampling logs and field bench sheets, as required by the
Permit.
4.
Upon
the Effective Date, Respondent shall, demonstrate six (6) consecutive months of
compliance (Compliance Demonstration) with the terms and conditions of the
Permit, specifically including compliance with the violations described in
Paragraphs 9 through 12 of the Findings of Fact. In the event that violation(s)
occur during the Compliance Demonstration, the six-month Compliance
Demonstration will re-start, and Respondent shall be subject to stipulated
penalties, as specified below, for violations of the terms and conditions of
the Permit during this time period.
5.
Beginning
on the Effective Date, Respondent shall, at all times, operate its existing
wastewater treatment plant as efficiently and effectively as possible.
6.
All submittals required by this
Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall
be sent to:
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Patrick Colcord, Enforcement Case
Manager |
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Office of Water Quality – IGCN
1255 |
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Indiana Department of
Environmental Management |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
7.
Respondent is assessed and agrees to
pay a civil penalty of Three Thousand Two Hundred Ten
Dollars ($3,210). Said penalty amount shall be due and payable to the
Environmental Management Special Fund within 30 days of the Effective Date; the
30th day being a “Due Date.”
8.
In the event the terms and
conditions of the following paragraphs are violated, IDEM may assess and
Respondent shall pay the corresponding stipulated penalty:
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Paragraph |
Violation |
Stipulated Penalty |
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3 |
Failure to begin sampling,
monitoring, and reporting as required by the Permit and failure to make
available the required documents. |
$250 per violation |
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4 |
For violations of terms and
conditions of the Permit during the Compliance Demonstration. |
$500 per violation |
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5 |
Failure to operate the WWTP as
efficiently and effectively as possible. |
$250 per violation. |
9.
Stipulated penalties shall be due
and payable no later than the 30th
day after Respondent receives written notice that IDEM has determined a
stipulated penalty is due, the 30th
day being a “Due Date.” IDEM 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 IDEM’s right to
collect such stipulated penalty or preclude IDEM from seeking additional relief
against Respondent for violation of this Agreed Order. Neither assessment
nor payment of stipulated
penalties shall preclude IDEM
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 2018-25013-W of this action and shall be mailed to:
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Office of Legal Counsel |
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Indiana Department of
Environmental Management |
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IGCN, Rm N1307 |
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100 North Senate Avenue |
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Indianapolis, IN 46204 |
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 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 and any accrued interest 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. The interest shall continue to accrue on the first of each month until
the civil penalty and any interest accrued are paid in full. Such interest
shall be payable to the Environmental Management Special Fund, and shall be
payable to IDEM in the manner specified 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 the NOV.
18.
Nothing in this Agreed Order shall
prevent IDEM [or anyone acting on its behalf] from communicating with the United
States Environmental Protection Agency (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 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 issues a Resolution of Case (close out) letter to
Respondent.
REMAINDER OF PAGE
INTENTIONALLY LEFT BLANK.
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TECHNICAL RECOMMENDATION: |
RESPONDENT: |
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Department of Environmental
Management |
Freelandville
Regional Sewer District |
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By:__________________________ |
By:________________________ |
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Samantha K. Groce, Chief |
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Water Enforcement Section |
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Surface
Water, Operations & |
Printed:_____________________ |
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Enforcement
Branch |
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Office
of Water Quality |
Title:_______________________ |
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Date:________________________ |
Date:_______________________ |
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COUNSEL FOR RESPONDENT: |
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By:________________________ |
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Date:______________________ |
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APPROVED AND ADOPTED BY THE
INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS ___________ DAY OF
________________, 20___. |
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For The Commissioner: |
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Signed on January
14, 2019 |
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Martha Clark Mettler |
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Assistant Commissioner |
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Office of Water Quality |