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STATE OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT OF |
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ENVIRONMENTAL MANAGEMENT |
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COUNTY OF MARION |
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COMMISSIONER OF THE DEPARTMENT |
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OF ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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v. |
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Case No. 2018-25487-W |
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Hammond
sanitary 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.
Hammond
Sanitary District (Respondent), owns and operates the Hammond Sanitary District
Wastewater Treatment Plant (WWTP) located at 5143 Columbia Avenue, in Hammond,
Lake County, Indiana (the Site).
3.
Respondent
is authorized by its National Pollutant Discharge Elimination System (NPDES)
Permit No. IN0023060 (the Permit) to discharge wastewater, treated in
accordance with the terms and conditions of the NPDES Permit, from its WWTP
into the West Branch Grand Calumet River from Outfall 001.
As
the recipient of the Permit, Hammond Sanitary District WWTP is also known as
permittee.
4.
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 IC 13 and is grounds for enforcement
action by IDEM.
5.
IDEM
has jurisdiction over the parties and the subject matter of this action
pursuant to IC 13-30-3.
6.
Pursuant
to IC 13-30-3-3, on October 10, 2018, IDEM issued a Notice of Violation (NOV)
via Certified Mail to:
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Sam Dimopoulos, President |
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Board of
Sanitary Commissioners |
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Hammond
Sanitary District |
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5143 Columbia
Avenue |
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Hammond,
Indiana 46327 |
7.
Respondent
collects, transmits, stores, and treats sewage and storm water from the City of
Hammond and the Town of Munster, customer municipalities, and industrial users.
8.
During
an investigation, conducted by a representative of IDEM, violations were found,
as described below.
9.
Pursuant to Part II.B.1(a) of
the Permit, in accordance
with 327 IAC 5-2-8(9), the permittee shall at all times maintain in good
working order and efficiently operate all facilities and systems (and related
appurtenances, i.e., equipment used for measuring and determining compliance)
for collection and treatment that are: (1) installed or used by the permittee;
and (2) necessary for achieving compliance with the terms and conditions of the
permit.
Pursuant
to Part II.B.5 of the Permit, in accordance with 327 IAC 5-2-10 and 327 IAC 5-2-8(14),
in order to maintain compliance with the effluent limitations and prohibitions
of this permit, the permittee shall either:
a. provide
an alternative power source sufficient to operate facilities utilized by the
permittee to maintain compliance with the effluent limitations and conditions
of this permit, or
b. shall
halt, reduce or otherwise control all discharge in order to maintain compliance
with the effluent limitations and conditions of this permit upon the reduction,
loss, or failure of one or more of the primary sources of power to facilities
utilized by the permittee to maintain compliance with the effluent limitations
and conditions of this permit.
Respondent’s
current infrastructure, intended to provide for an emergency alternate power
source, is not adequate or reliable enough to assure continuous compliance.
Respondent experienced 9 power outages at the Site since 2011 with 2 occurring
in March 2018, each incident in violation of Parts II.B.1(a) and II.B.5 of the Permit. In addition, a force main failure occurred near the Kennedy Avenue North lift station
on April 28, 2018, in violation of Part II.B.1(a) of the Permit.
10. Pursuant to IC 13-30-2-1, a
person may not discharge, emit, cause, allow, or threaten to discharge, emit,
cause, or allow any contaminant or waste, including any noxious odor either
alone or in combination with contaminants from other sources, into the
environment in any form that causes or would cause pollution that violates or
would violate rules, standards, or discharge or emission requirements adopted
by the appropriate board under the environmental management laws.
Pursuant
to 327 IAC 2-1.5-8(b)(1), all surface waters within the Great Lakes system at
all times and at all places, including waters within the mixing zone, shall
meet the minimum conditions of being free from substances, materials, floating
debris, oil, or scum attributable to municipal, industrial, agricultural, and
other land use practices, or other discharges:
a. that will
settle to form putrescent or otherwise objectionable deposits;
b. that are in
amounts sufficient to be unsightly or deleterious;
c. that
produce color, visible oil sheen, odor, or other conditions in such degree
as to create a nuisance;
d. which
are in amounts sufficient to be acutely toxic to, or to otherwise severely
injure or kill aquatic life, other animals,
plants, or humans; and
e. which
are in concentrations or combinations that will cause or contribute to the
growth of aquatic plants or algae to such
degree as to create a nuisance, be unsightly, or otherwise impair the
designated uses.
Pursuant
to Part II.B.6 of the Permit, any overflow or release of sanitary wastewater
from the wastewater treatment facilities or collection system that results in a
discharge to waters of the state and is not specifically authorized by this
permit is expressly prohibited. These discharges are subject to the reporting
requirements in Part II.C.3 of this permit.
On March 1, 2018,
Respondent experienced a power outage at the Site. The WWTP’s secondary bypass
was activated, due to flooding of the secondary units, allowing partially
treated wastewater to enter the Grand Calumet River. In addition, wastewater
could not be treated through the WWTP which required the influent to be pumped
to the Combined Sewer Overflow (CSO) Storage Basin. On March 1, 2018 and March
2, 2018, the CSO Storage Basin, containing mixed CSO and bypassed raw influent,
overflowed through Outfall 022 into the Grand Calumet River. The estimated
volume was reported as 29.6 million gallons on March 1, 2018 and 14.1 million
gallons on March 2, 2018, in violation of IC
13-30-2-1, 327 IAC 2-1.5-8(b)(1), and Part II.B.6 of the Permit.
On April 28, 2018,
a force main failure resulted in an estimated 3.45 million gallons of sewage
being discharged into the Grand Calumet River via Outfall 005, each incident in
violation of IC 13-30-2-1,
327 IAC 2-1.5-8(b)(1), and Part II.B.6 of the Permit.
11.
On
April 17, 2019, Respondent submitted a response to IDEM. In the response, Respondent asserts that the
electrical equipment that failed on March 1, 2018, or at any other time, was
owned, operated, maintained and/or controlled by Nipsco. Further, Respondent contends that the
discharges had primary and secondary treatment.
12.
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 and 10 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 statutes, rules, and permit conditions as listed in the
findings here and/or above at issue.
3.
Within 30 days of the
Effective Date, Respondent shall develop and submit to IDEM for approval a
Compliance Plan (CP) which identifies actions that Respondent will take to
achieve and maintain compliance with its Permit, specifically including the actions
Respondent will take to obtain an alternative source of power to serve in a back-up
capacity at the Site.
The
CP shall include an implementation and completion schedule, including specific
milestone dates.
4. The plan required by Order Paragraph 3
is subject to IDEM approval. In the event IDEM determines that the CP submitted
by Respondent is deficient or otherwise unacceptable, Respondent shall revise
and resubmit the CP to IDEM in accordance with IDEM’s notice. After three
submissions of such CP by Respondent, IDEM may seek civil enforcement of this
Order.
5. Respondent,
upon receipt of written notification from IDEM, shall immediately implement the
approved CP and adhere to the milestone dates therein. The approved CP shall be
incorporated into the Agreed Order and shall be deemed an enforceable part
thereof.
6. Beginning with the first calendar
quarter following the Effective Date, Respondent
shall submit to IDEM a written progress report within 10 days of the end of
each calendar quarter, which identifies the compliance actions implemented
during each quarter ending on March 31st, June 30th,
September 30th, and December 31st until completion of the
CP.
5. This Order does not determine if a
construction permit is required through IDEM’s
Facilities
Construction and Engineering Support Section for any infrastructure changes or
if a Permit modification is required. Respondent is responsible in determining
what permitting may be necessary to achieve compliance.
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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Linda
McClure, 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 Five Thousand Six Hundred Twenty-Five
Dollars ($5,625). 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, 4 |
Failure to submit or modify the CP
within the required time period. |
$250 per week late, or part thereof. |
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5 |
Failure to meet and/or implement any
milestone date set forth in the approved CP. |
$500 per week late, or part thereof. |
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6 |
Failure to submit to IDEM a written
report of progress within 10 days of each calendar quarter. |
$150 per week late, or part thereof. |
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 2018-25487-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,
Room 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 LEFT INTENTIONALL BLANK
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TECHNICAL
RECOMMENDATION: |
RESPONDENT: |
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Department
of Environmental Management |
Hammond Sanitary 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 May 16,
2019 |
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Martha
Clark Mettler |
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Assistant
Commissioner |
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Office
of Water Quality |