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. 2002-12222-W
)
GENERAL MOTORS CORPORATION, )
)
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 Agreed Order. Pursuant to IC 13-30-3-3(c), entry into the terms of this Agreed Order does not constitute an admission by the Respondent 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 (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 General Motors Corporation ("Respondent") which owns and operates the General Motors Corporation, Powertrain Division wastewater treatment plant (WWTP) located at 105 GM Drive, in Bedford, Lawrence County, Indiana. The Respondent is authorized by National Pollutant Discharge Elimination System (NPDES) permit No. IN 0003573 (the Permit) to discharge treated wastewater from its WWTP to an unnamed tributary to the Bailey Branch of Pleasant Run Creek, in accordance with stated effluent limitations, monitoring requirements, and other conditions.
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, on October 16, 2002, IDEM issued a Notice of
Violation via Certified Mail to:
G. Richard Wagoner, Jr., President C.T. Corporation, Registered Agent
General Motors Corporation General Motors Corporation
300 Renaissance Center 36 South Pennsylvania
Mail Code 482-C14-C66 Suite 700
Detroit, Michigan 48265 Indianapolis, Indiana 46204
5. The Notice of Violation set forth the following delineated statements of applicable statutes, rules, and permit provisions and alleged violations thereof.
A. 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.
B. Pursuant to 327 IAC 5-2-2, any discharge of pollutants into waters of the state as a point source discharge, except for exclusions made in 327 IAC 5-2-4, is prohibited unless in conformity with a valid NPDES permit obtained prior to the discharge.
C. Pursuant to 327 IAC 5-2-8(1) and Part II.A.1 of the Permit, the Respondent is required to comply with all terms and conditions of its Permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and IC 13 and is grounds for enforcement action.
D. Pursuant to Part I.A.1 of the Permit, the Respondent is required to comply with the effluent limitations applicable to the discharge from Outfall 002 that are contained in Part I.A.1 of the Permit.
E. Discharge Monitoring Reports, Monthly Reports of Operation, and letters submitted by the Respondent to IDEM for the period from February 2001 through July of 2002, reveal that the Respondent failed to meet final effluent limitations contained in Part I.A of the Permit for Outfall 002 as follows:
i) The daily maximum (concentration) effluent limitation for Ammonia (as N) was violated on February 22, 2001, and April 18, 2001.
The daily average (concentration) effluent limitation for Ammonia (as N) was violated during April 2001.
ii) The daily maximum (loading) effluent limitation for Total Phenols was violated on March 26, 2002, and March 27, 2002.
The daily average (loading) effluent limitation for Total Phenols was violated during March 2002.
iii) The daily maximum (concentration) effluent limitation for Copper was violated on July 9, 2002, and July 16, 2002.
These failures to meet effluent limitations contained in the Permit are in violation of IC 13-30-2-1, 327 IAC 5-2-2, 327 IAC 5-2-8(1), Part II.A.1 of the Permit, and Part I.A.1 of the Permit.
6. On November 8, 2002, the Respondent's staff met with IDEM staff to discuss the causes of the permit effluent limitation exceedences noted in the Notice of Violation and the actions that have been taken by the Respondent to assure compliance with the effluent limitations contained in its NPDES Permit.
7. On November 27, 2002, the Respondent submitted supplemental information regarding the permit effluent limitation exceedences and the corrective actions which had been implemented at the facility. It is the Respondent's position, as set forth in the November 27, 2002 submittal, that the above referenced violations were attributable to unique circumstances. Since the Respondent's implementation of the corrective actions, the Respondent has not reported any violations of its NPDES Permit, effluent limitations.
8. 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 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. Respondent is assessed a civil penalty of Eight Thousand Dollars ($8,000). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 60 days of the Effective Date of this Agreed Order.
3. The civil penalty is payable by check or money order to the Environmental Management Special Fund. The check or money order shall include the Case Number of this action and shall be mailed to:
Cashier
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
4. In the event that the civil penalty required by Order paragraph 2 is not paid within 60 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.
5. 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.
6. 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.
7. The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred.
8. This Agreed Order is not and shall not be interpreted to be a Permit, or a modification of an existing Permit, nor shall it in any way relieve Respondent of its obligation to comply with the applicable requirements of federal or state law or regulation.
9. This Agreed Order shall remain in effect until Respondent submits, and Complainant receives, the civil penalty set forth above in Paragraph 2.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management General Motors Corporation
By: _________________________ By: _________________________
Mark W. Stanifer
Chief, Water Enforcement Section Printed: Joseph C. Bibeau
Office of Enforcement
Title: _Director, Utilities Services
Worldwide Facilities Group
Date: ________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _________________________ By: ________________________
Hala Silvey
Office of Legal Counsel
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 2003.
For the Commissioner:
___Signed 3/27/03_______
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs