NOTICE OF VIOLATION
Via Certified Mail# _______________
To:
Mr. Robin Brandgard, PresidentTown Council of Plainfield
206 West Main Street
Plainfield, IN 46168
Case No. 2003-12895-W
Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), the Town of Plainfield, owner and operator of a publicly owned treatment works (POTW) that includes a wastewater treatment plant and a sanitary sewer system located in Plainfield, Hendricks County, Indiana, has been determined to be in violation of the following environmental statutes and rules and provisions of its National Pollutant Discharge Elimination System (NPDES) permit No. IN 0025372 ("the Permit"):
A. Pursuant to 327 IAC 5-2-8(1) and Part II.A.1 of the Permit, the Town of Plainfield is required to comply with all terms and conditions of the Permit.
Pursuant to 327 IAC 5-2-8(8) and Part II.B.1 of the Permit, the Town of Plainfield is required to maintain in good working order and efficiently operate all waste collection, control, treatment, and disposal facilities.
IDEM records for the period between January 2001 and May 2003 indicate that the Deer Path Utilities wastewater treatment plant, owned and operated by the Town of Plainfield, reported the occurrence of a discharge of untreated sewage from its wastewater treatment plant to waters of the state on February 21 2003, attributable to blockage or collapse of the effluent pipeline, which indicates failure by the Town of Plainfield to maintain its wastewater treatment plant and sanitary sewer system in good working order, in violation of 327 IAC 5-2-8(1), Part II.A.1 of the Permit, 327 IAC 5-2-8(8), and Part II.B.1 of the Permit.
IDEM records for the period between August 2000 and February 2003 indicate that the Town of Plainfield failed to meet effluent limitations for one parameter at a location representative of the discharge. The Town of Plainfield has failed to meet the effluent limitations for Total Residual Chlorine for the month of April 2001. The Town's failure to meet the effluent limitation is in violation of 327 IAC 5-2-8(1), Part I.A.1, and Part II.A.1 of the Permit.
C. Pursuant to IC 13-30-2-1, no person may 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 or into any publicly owned treatment works in any form which 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 IC 13-18-4-5, it is unlawful for any person to throw, run, drain, or otherwise dispose into any of the streams or waters of Indiana; or cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters; any organic or inorganic matter that causes or contributes to a polluted condition of any waters, as determined by a rule of the board adopted under IC 13-18-4-1 and IC 13-18-4-3.
IDEM records for the period between January 2001 and May 2003 indicate that the Deer Path Utilities wastewater treatment plant, owned and operated by the Town of Plainfield, reported the occurrence of a discharge of untreated sewage from its wastewater treatment plant and sanitary sewer system to waters of the State on February 21 2003, in violation of 327 IAC 5-2-8(1), Part II.A.1 of the Permit, 327 IAC 5-2-8(8), and Part II.B.1 of the Permit, and thus in violation of IC 13-30-2-1 and IC 13-18-4-5.
In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than 60 days.
Entering into an Agreed Order will prevent the issuance of a Notice and Order of the Commissioner under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-2-6. IDEM encourages settlement by Agreed Order, thereby saving time and resources. Timely settlement by
Agreed Order may result in a reduced civil penalty. Settlement discussions will also allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.
If settlement is not reached within 60 days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken to achieve compliance, the required time frames, and an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day for each violation.
To discuss this matter further, please contact Dave Knox at (317) 233-5975 within 15 days after receipt of this Notice regarding your intent to settle this matter, and to request a conference.
For the Commissioner:
Date: _______________ Signed 8/13/03___
Felicia A. Robinson
Deputy Commissioner for Legal Affairs
cc: U.S. E.P.A., Region 5
Hendricks County Health Department