STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2000-10183-W
)
JAMES A. JACKSON, OWNER, )
LAKEVIEW MOBILE HOME PARK, )
)
Respondent. )
)
AGREED ORDER
The Complainant and the 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.
I. FINDINGS OF FACT
1. Complainant is the Commissioner (AComplainant@) of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
2. Respondent is James A. Jackson ("Respondent"), who is the owner and permittee of the Lakeview Mobile Home Park Wastewater Treatment Plant (WWTP), located at Old Route #24 at Higly Curve, in Wabash County, Indiana, and discharges wastewater, as authorized by NPDES Permit No. IN 0054127 (the Permit) to receiving waters named Kentner Ditch in accordance with effluent limitations, monitoring requirements, and other conditions set forth in the Permit.
3. The Indiana Department of Environmental Management (AIDEM@) 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 via Certified Mail to:
Mr. James Jackson, Owner
Lakeview Mobile Home Park
P.O. Box 418
Brookfield, Illinois 60513
5. The prior Lakeview Mobile Home Park WWTP NPDES Permit No. IN 0054127 (the prior Permit) was issued on July 28, 1995, and was effective from September 1, 1995 until July 1, 2000, when it was renewed and reissued by the current Permit.
6. Pursuant to 327 IAC 5-2-8(1), under Part II.A.1 of both the prior and current Permit, the Respondent is required to comply with all terms and conditions of the Permit. Failure to comply with any of these requirements, pursuant to 327 IAC 5-2-8, constitutes a violation of the Clean Water Act (CWA) and the Environmental Management Act (EMA) and the Permit.
7. Pursuant to 327 IAC 5-2-13(a)(1), to assure compliance with permit terms and conditions, all permittees shall monitor, as required in the permit, the mass, concentration, or other measures specified in sections 11 and 11.1 of this rule, for each pollutant specified in the permit.
8. Pursuant to 327 IAC 5-2-13(a)(2), to assure compliance with permit terms and conditions, all permittees shall monitor, as required in the permit, the volume of wastewater flow at monitoring points specified in the permit, including the final effluent flow from each point source.
9. Part I.A.1 of both the prior Permit and current Permit requires the Respondent to measure and report 24-hour total discharge flow 5 times per week. Part I.A.1 of the current Permit also states that flow measurement is required per 327 IAC 5-2-13, and the flow meter(s) shall be calibrated at least once annually.
10. Part I.B.1 of both the prior Permit and current Permit requires samples and measurements taken as required in the Permit to be representative of the volume and nature of the monitored discharge.
11. During inspections at the Lakeview Mobile Home Park WWTP conducted by IDEM staff on July 13, 1998, January 12, 1999, and March 6, 2000, it was noted that there was no flow meter and the flow measurement was evaluated as unsatisfactory. The inspection report for the March 6, 2000 inspection noted that there was a V-notch weir after the clarifiers prior to the post aeration tank. In a letter sent to IDEM on October 19, 1999, the Certified Operator for the WWTP indicated that effluent flow is monitored by using a ruler to measure the depth of water flowing through the weir, and the reading is an instantaneous reading taken daily.
12. Failure to provide a flow meter capable of recording 24-hour total flow that is representative of the volume of the discharge, and that is necessary to calculate the accurate loading for monitored effluent parameters, is in violation of 327 IAC 5-2-13, and Part I.A.1, Part I.B.1, and Part II.A.1 of both the prior Permit and current Permit.
13. Pursuant to 327 IAC 5-2-14, and Part I.B.8 of the prior Permit and current Permit, the Respondent is required to maintain records, for at least three (3) years, of all monitoring information and monitoring activities required under 327 IAC 5-2-13. In cases where the original records are kept at another location, a copy of all such records shall be kept at the permitted facility.
14. During the inspection conducted by IDEM staff on January 12, 1999, it was noted that there was no on site sampling log, and no operator log book. During the inspection conducted on March 6, 2000, it was noted that there were no records available on site. Failure to maintain all of the required monitoring records at the permitted facility for three years is in violation of 327 IAC 5-2-14 and Part I.8. of the Permit.
15. Part I.A.1. of the prior Permit and current Permit contains the effluent limitations for Total Residual Chlorine.
16. DMRs and MROs that the Respondent has submitted for the Lakeview Mobile Home Park WWTP indicate that the Respondent failed to meet one or more of the permit limits established for the facility for Total Residual Chlorine at the end of the Contact Tank and/or at the Final Effluent in the Permit during April, May, June, July, August, September, and October of 1999, and during April, May, June, July, August, September, and October of 2000.
17. The Respondent's failure to meet the permit effluent limits, pursuant to 327 IAC 5-2-8, constitutes a violation of the CWA, the EMA, and the Permit.
18. In recognition of the settlement reached, the 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 the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
2. Within 30 days of the Effective Date, the Respondent shall comply with 327 IAC 5-2-13, and Part I.A.1, Part I.B.1, and Part II.A.1, in that the Respondent shall:
A) assure a flow meter capable of recording 24-hour total discharge is installed and operating;
B) assure that the flows at the Lakeview Mobile Home Park WWTP are measured and reported 5 times per week; and
C) assure that the 24-hour total discharge is used to calculate accurate loading for monitored effluent parameters.
3. Within 7 days of the Effective Date, the Respondent shall comply with 327 IAC 5-2-14, and Part I.8. of the Permit in that the Respondent shall assure that records of all monitoring information and monitoring activities required under 327 IAC 5-2-13 are maintained for at least 3 years. In cases where the original records are kept at another location, a copy of all such records shall be kept at the facility.
4. The Respondent shall comply with the effluent limitations for Total Residual Chlorine contained in its current Permit, including complying with the limitations for Total Residual Chlorine at the end of the Contact Tank and at the Final Discharge. Beginning from the Effective Date, the Respondent shall be under a Performance Period. During the Performance Period, the Respondent shall maintain substantial compliance, as determined by IDEM, with its Total Residual Chlorine limits.
The Respondent will be liable for stipulated penalties for failure to comply with the requirements of the Performance Period until six (6) consecutive months of substantial compliance with its Total Residual Chlorine are demonstrated, or one (1) year, whichever comes first, and IDEM issues a letter of completion of the Performance Period. Should the Respondent fail to demonstrate six (6) consecutive months of substantial compliance with its Total Residual Chlorine within one (1) year, then IDEM, at its discretion, may initiate an additional enforcement action for continuing violations.
5. All submittals required by this Agreed Order, unless notified otherwise in
writing, shall be sent to:
Terry Ressler, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
6. Respondent is assessed a civil penalty of Three Thousand Five Hundred Twenty-five Dollars ($3,525). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date of this Agreed Order.
7. In the event the terms and conditions of the following paragraphs are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amount:
Violation
Failure to comply with Order paragraph 2 $500 per week,
Failure to comply with Order paragraph 3 $500 per week,
Failure to comply with Order paragraph 4 $500 per week.
8. Stipulated penalties shall be due and payable within thirty (30) days after Respondent receives written notice that the Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude the Complainant from seeking any additional relief against the Respondent for violation of the Agreed Order. In lieu of any of the stipulated penalties given above, the 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.
9. 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:
Cashier
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
10. In the event that the civil penalty required by Order paragraph 6 is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.
11. This Agreed Order shall apply to and be binding upon the Respondent, its successors and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.
12. In the event that any terms of the 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 the Agreed Order did not contain the invalid terms.
13. The 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 shall remain in effect until the Respondent has complied with all terms and conditions of this Agreed Order and until IDEM issues a Resolution of Case letter to the Respondent.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management
By: _________________________ By: _________________________
Mark W. Stanifer Printed: ______________________
Chief, Water Enforcement Section
Office of Enforcement Title: ________________________
Date: ________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _________________________ By: ________________________
Sierra L. Cutts
Office of Legal Counsel
Department of Environmental Management
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 2001.
For the Commissioner:
_Signed 5/15/01_________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement