) SS: OF ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) CASE NO. 2004-13900-W
)
)
Respondent. )
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 (hereinafter referred to as "Complainant") of the
Indiana Department of Environmental Management, a department of the State of
2. The Respondent is the City of Union
City (“Respondent”), which operates a
municipal 1.5 MGD rotating biological contactor wastewater treatment
plant with four gravity mixed media sand filters and ultraviolet disinfection
located at 825 North Jackson Pike, Union City, in Randolph County,
Indiana. The facility is authorized by
NPDES Permit IN0020982 ("the Permit") to discharge to receiving
waters named the Little Mississinewa River in
accordance with effluent limitations, monitoring requirements, and other
conditions. The sewage collection system is comprised of 100% separate sanitary
sewers. The facility includes an
equalization basin. Attachment A of the
Permit lists sanitary sewer overflow points 002 at the first headworks barscreen, 003 at the
treatment plant lift station, and 004 at the
3. The
4. Pursuant to IC
13-30-3-3, IDEM issued a Notice of Violation on
The Honorable Roger Hoover, Mayor
City of
5. A records review for the period of June 2001 through April 2004 was conducted by a representative of IDEM. The following violations were in existence or observed at the time of this review:
A. Pursuant
to 327 IAC
Pursuant to 327
IAC
During an inspection by IDEM representatives of the Respondent's
wastewater
system conducted on
a. All four of the
service due to computer control failure.
b. As of
The Respondent's failure to properly
maintain and/or efficiently operate all waste collection, control, treatment,
or disposal facilities is in violation of 327 IAC
B. Pursuant to 327 IAC 5-2-8, Part II.C.3.(b) of the Permit, and Attachment A of the Permit, the Respondent is required to report to IDEM within 24 hours any untreated discharge from the sanitary sewer system.
The Respondent has had, since 1999, diversion structures
in its sanitary sewer system that allow discharge of wet weather flows to two
storm sewer outfalls. The IDEM inspector
observed overflow from these structures in September 2003 and noted evidence of
recent overflow at these structures during an inspection on
On
6. On
7. 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. The Respondent
shall comply with all applicable provisions of the Indiana Administrative Code
(IAC), including, but not limited to, 327 IAC
3. The Respondent shall inspect the overflow and bypass points present in the sewer system and at the wastewater treatment facility as often as necessary, but at a minimum, during and after precipitation events, in order to determine whether discharges from these points occur. The Respondent shall document its inspections by recording the following:
a. the date and
time of the inspection;
b. the name of the person(s) conducting the inspection;
c. the date the precipitation event began;
d. the
time the precipitation event began and, for inspections conducted after the
precipitation event, the time the precipitation event ended, and the volume of
the precipitation event;
e. the particular
overflow or bypass point being inspected;
f. the appearance
of the overflow or bypass point, and the surrounding area, specifically noting
whether a discharge event from the overflow or bypass point occurred, is occurring,
or is about to occur; and
g. the remedial
measures taken in the event that a discharge from the overflow or bypass point
is found to have occurred, to be occurring, or about to occur.
The Respondent shall retain copies of the required documentation and shall allow IDEM representatives to inspect and copy these records upon request.
4. The Respondent shall investigate and respond to any complaint of discharge from any overflow or bypass point present in the sewer system or at the wastewater treatment facility as soon as possible. The Respondent shall document its investigation of each complaint received by recording the date, time, and specific nature of the complaint as well as the information required in Paragraph 3, items a through g. The Respondent shall retain copies of the required documentation and shall allow IDEM representatives to inspect and copy these records upon request.
5. In the event that a discharge occurs from any portion of the Respondent’s
collection system, including from any lift station or manhole, or overflow or bypass point present in the sewer system or the wastewater treatment facility, the Respondent shall:
a. take all reasonable actions to cease the discharge as soon as possible;
b. properly clean the affected area;
c. remove and properly dispose of sewage and debris from the affected area;
d. report the discharge event as follows:
(i) Within 24 hours of the Respondent’s discovery of the discharge event, the Respondent shall provide verbal notification of the event to IDEM, at 317/232-8795 during regular business hours or 317/233-7745 during non-business hours;
(ii) Within five days of the Respondent’s discovery of the discharge event, the Respondent shall submit written notification of the event to IDEM. The notification shall include the following information: the duration and cause of the discharge event and the remedial action taken to eliminate it.
(iii) The Respondent shall report the duration and estimated volume of the discharge event on the Discharge Monitoring Report.
e. document all actions taken to cease the discharge and to remediate the affected areas, retain copies of the documentation, and allow IDEM representatives to inspect and copy these records upon request.
Alternatively, the Respondent may provide the information listed in (i),(ii) and (iii) above within 24 hours of becoming aware of an overflow incident by submitting a “Bypass/ Overflow Incident Report” by fax to IDEM at 317/232-8637.
6. Within 10 days of the Effective Date of this Agreed Order, the Respondent shall develop and submit to IDEM a copy of Respondent’s procedures to implement paragraphs 3, 4, and 5 above and assure wet weather inspection/reporting of sewer system diversion/overflows.
7. Within 270 days of the Effective Date of this Agreed Order, the Respondent shall develop and submit to IDEM for its approval a compliance plan (CP) that includes the following:
a. An identification of the cause and the plan to eliminate the
diversion/overflows at
the two manholes near the
b. An evaluation of Respondent’s sewer system to identify deficiencies,
along with a schedule for repairing identified deficiencies, and
c. an implementation and completion schedule, including specific milestone
dates for developing and implementing the items required by items a and b
above.
8. The
Respondent shall, within 12 months of the completion of the portion of the CP
required by Paragraph 7.a (Performance Period), demonstrate a period of eleven
consecutive months that diversion/overflows do not occur at the two subject
manholes. During the Performance Period, the Respondent shall be subject to
stipulated penalties, as specified below.
Within 60 days of the date that Respondent fails to achieve the
Compliance Demonstration or it becomes aware that it will not be able to
achieve the Compliance Demonstration within the Performance Period, it shall
develop and submit to IDEM, for approval, a plan which identifies the
additional actions that Respondent will take to control its wastewater
collection and treatment systems to comply with water quality standards. This “Additional Action Plan”, if required,
shall include a new implementation and completion schedule, including specific
milestone dates.
9. The plans required by Paragraphs 7 and 8 above are subject to IDEM approval. If IDEM deems any plan inadequate, a revised plan shall be submitted within 60 days of receipt of notice from IDEM of the inadequacies thereof. If, after submission of the first revised plan, IDEM still finds the plan to be inadequate, then IDEM will request further modification of the plan as necessary to meet IDEM’s requirements, and require re-submittal of the plan by a specific date. If the subsequently submitted second revised plan does not meet IDEM’s approval, IDEM will suggest specific modifications to be made to the plan and require re-submittal by a specific date. If, by the specified date, the Respondent does not submit a third revised plan that incorporates the IDEM-suggested modifications or submit an alternative adequate plan (as determined by IDEM), the IDEM-suggested modifications will be deemed incorporated into the plan.
The approved CP
and Additional Action Plan shall be incorporated into the Agreed Order and
shall be deemed an enforceable part thereof.
The Respondent, upon receipt of written approval from IDEM, shall
immediately implement the approved plan and adhere to the milestone dates
therein. Failure to achieve compliance
at the conclusion of work under an Additional Action Plan will subject
Respondent to additional enforcement action.
10. Within 30 days of the Effective Date of this Agreed Order, the Respondent shall determine whether it has sufficient legal authority to:
a. implement and enforce its sewer use ordinances, service agreements and/or other legally binding documents;
b. require that all sewers and connections be properly designed and constructed;
c. test and inspect all new and rehabilitated sewers, including both collector
sewers and service laterals;
d. regulate flows from satellite collection systems (if any); and
e. prohibit the connection or introduction of stormwater sources to the collection
system
In the event that the Respondent determines that it does not have such sufficient legal authority described above, the Respondent shall take all necessary steps to obtain such legal authority.
Within 120 days of the Effective Date of this Agreed Order, the Respondent shall submit to IDEM a statement certifying that it has the legal authority required herein.
11. The Respondent is assessed a civil penalty of Two Thousand Six Hundred Twenty-Five Dollars ($2,625). The civil penalty shall be paid in the following manner:
Amount Due Date Due
$1,300 within 60 days of the Effective Date of this
Agreed Order
$1,325 within 180 days of the Effective Date
Said penalty amount shall be payable to the Environmental Management Special
Fund, the case number 2004-13900-W written on the check, and mail to the address
in paragraph 16 below.
12. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Paul Cluxton, IDEM, Office of Enforcement
13. Beginning on the Effective Date and lasting until the earlier of the completion of the CP or Additional Action Plan from Paragraphs 7, 8 and 9 above, the Respondent shall operate its existing wastewater treatment facility and sewer system as effectively and efficiently as possible, in a manner so as to prevent, or to the extent prevention is not possible, to minimize, the discharges from overflow and bypass points present in the sewer system and at the wastewater treatment facility.
14. In the event the terms and conditions of the following Order paragraphs are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amount:
|
Order Paragraph |
Violation
|
Penalty Amount |
|
3 |
Failure to inspect, document or maintain records of inspections. |
$500 per documented event |
|
4 |
Failure to investigate, respond to or document complaints of bypassing |
$500 per documented event |
|
5 |
Failure to report, document, or properly conduct a response to any event. |
$750 per documented event |
|
6 |
Failure to submit copy of procedures. |
$250 per each week or part thereof late |
|
7 |
Failure to submit the CP, as required, within the given time period. |
$250 per each week or part thereof late |
|
8 |
Sewage diversion that occurs at manholes during the Performance Period. |
$1000 for each event |
|
8 |
Failure to submit the Additional Action Plan, if required, within the given time period. |
$250 per each week or part thereof late |
|
9 |
Failure to submit or resubmit a revised CP or Additional Action Plan, if required, within the given time period. |
$250 per each week or part thereof late |
|
9 |
Failure to meet any milestone date set forth in the approved CP or Additional Action Plan. |
$500 per each week or part thereof late |
|
10 |
Failure to demonstrate, within the given time period, that Respondent has the necessary legal authority. |
$250 per each week or part thereof late |
|
10 |
Failure to timely submit certification statement.
|
$250 per each week or part thereof late |
|
13 |
Failure to operate collection system as efficiently as possible during the interim period. |
$500 per documented event |
15. Stipulated
penalties shall be due and payable within 30 days after the 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 the Respondent's violation of this Agreed Order, or
16. 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:
Indiana Department of Environmental Management
17. In the event that the civil penalty required by Order Paragraph 11 is not paid within 30 days of the Effective Date of this Agreed Order, the 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.
18. 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.
19. 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.
20. The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. The Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.
21. The provisions of this Agreed Order do not affect the limitations and requirements set forth in the Respondent's NPDES Permit. Efforts by the Respondent to comply with provisions of this Agreed Order shall not serve as justification for not complying with limitations and requirements set forth in its NPDES Permit.
22. The Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that the Respondent's compliance with any aspect of this Agreed Order will result in compliance with the provisions of the Clean Water Act, its NPDES Permit or state law.
23. This Agreed Order shall remain in effect until the Respondent has complied with all terms and conditions of this Agreed Order Paragraphs 3 through 17 and IDEM issues a close-out letter to the Respondent.
TECHNICAL RECOMMENDATION: RESPONDENT:
Section Chief, Water Section Printed: _ Roger Hoover ____
Title: _Mayor _
Date: _______________________________ Date: ______________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _______________ DAY OF __________________________, 2004.
For The Commissioner:
_____(Signed
Felicia A. Robinson
Deputy Commissioner
For Legal Affairs