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ENVIRONMENTAL
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COMMISSIONER
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Complainant, |
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CASE
NO. 2004-13992-W |
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NEW
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SSK
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Respondent. |
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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 (IDEM), a department of
the State of
2.
The Respondent is New Salisbury-SSK, a.k.a. SSK Company
Communities, d/b/a Berkshire Pointe Mobile Home Park (“Respondent”), which owns and/or operates a
sewage collection system and 0.030
mgd wastewater treatment plant (WWTP) (formerly Spring Meadows) located off
S.R. 64, 1.2 miles east of the intersection of S.R. 64 and S.R. 135, New Salisbury, in Harrison County, Indiana,
(Site). Respondent is authorized by
NPDES Permit IN0042005 ("the Permit") to discharge in accordance with
effluent limitations, monitoring requirements, and other conditions.
3.
The Indiana Department of Environmental Management (“IDEM”)
has jurisdiction over the parties and subject matter of this action.
4.
Pursuant to IC 13-30-3-3, IDEM issued on March 22, 2005, a
Notice of Violation (NOV) via Certified Mail to Mr. Kurt Keeney, President/CEO,
SSK Company Communities, d/b/a Berkshire Pointe MHP.
5.
An inspection and record reviews were conducted on the dates
specified below by a representative of IDEM’s Office of Water Quality. The
violations described in the following paragraphs were in existence or observed
at the time of the inspection and record reviews, and were cited in the NOV.
6.
Pursuant to 327
7.
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 sections IC 13-18-4-1 and IC 13-18-4-3.
8.
Part I.A.1 of the Respondent’s Permit contains the final
effluent limitations, effective as of June 1, 1998, applicable to the discharge
from the Respondent’s WWTP Outfall 001 to receiving waters consisting of a sink
hole.
Discharge Monitoring Reports and Monthly Reports of Operation submitted by the
Respondent to IDEM for the period between March 2002 and December 2004 reveal
that Respondent failed to meet final effluent limitations contained in Part
I.A.1 of the Permit as follows:
The weekly average and monthly average concentration effluent limitations for
Ammonia Nitrogen were exceeded during August 2002, December 2003, and January,
February, March, April and June 2004.
The weekly average and monthly average concentration effluent limitations for
Total Suspended Solids were exceeded during March, April, and October 2002, and
March, April, August, October, November, and December 2004.
The weekly average and monthly average concentration effluent limitations for
Biochemical Oxygen Demand (BOD) were exceeded during March 2002, and January,
February, March, April, May, October, and November 2004.
The daily maximum E.coli effluent limitation was exceeded during March, April, May, June, July, and November 2004.
The minimum Dissolved Oxygen effluent limitation was violated during March
2004.
The Respondent's failure to meet effluent limitations contained in the Permit
is in violation of IC 13-18-4-5, 327 IAC
5-2-8(1), Part II.A.1 of the Permit, and Part I.A.1 of the Permit.
9.
Pursuant to 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, the Respondent is required to, at
all times, maintain in good working order and efficiently operate all waste
collection, control, treatment, and disposal facilities.
10.
During an inspection of the WWTP conducted by
representatives of IDEM on July 26, 2002, observations, which included the
following, were made: unsatisfactory receiving water appearance and
unsatisfactory sludge disposal as indicated by the sludge deposits in the
sinkhole pond.
During an inspection of the WWTP conducted by a representative of IDEM on
November 26, 2003 IDEM, observations, which included the following, were
made: the raw influent pipe was broken
with part of the pipe collapsed and obstructing influent flow.
During an inspection of the WWTP conducted by a representative of IDEM on May
2, 2003, observations, which included the following, were made: a) the flow
meter is two months past due for calibration; b) the permit compliance schedule
had not been complied with for implementing a new discharge point for the plant
effluent if dye testing is not done as required for the sink hole discharge.
During an inspection of the WWTP conducted by a representative of IDEM on March
22, 2004, observations, which included the following, were made: a) high flow
surges cause solids washouts to the sink hole, inflow and infiltration sources
should be found and eliminated; b) fine straggler floc was going over the
clarifier weirs and the chlorine contact tank contained sludge and was gassing,
causing sludge to rise to the surface.
During an inspection of the WWTP conducted by a representative of IDEM on
October 21, 2004, observations, which included the following, were made: a) the
sinkhole pond had an accumulation of sludge; b) the effluent was turbid due to
sludge clumps going over the final weirs; c) lightning was recorded to have
struck a pump on October 18 resulting in the WWTP overflowing sludge onto the
ground and into the sink hole; d) the WWTP is rusting away and the air line is
leaking and needs to be replaced, as well as the sludge return lines; e)
according to flow records, inflow/infiltration in the sewage collection is a
problem.
These above noted failures to maintain in good working order and efficiently
operate all waste collection, control, treatment, and disposal facilities are
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.
11.
The Respondent is in the process of designing improvements
in its wastewater treatment system.
Respondent has built a new effluent discharge pipe.
12.
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 his 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 327 IAC 5-2-8, IC
13-18-4-5, and the Permit.
3.
Beginning on the Effective Date of this Agreed Order, and
continuing until implementation of the Compliance Plan required pursuant to
Order Paragraph 4 is complete, the Respondent shall, at all times, operate its
existing sanitary collection system and
wastewater treatment plant as efficiently and effectively as possible.
4.
Within 60 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, but is not limited to, the following:
A.
A description of the actions that the Respondent will take and
management systems that the Respondent will develop and implement to achieve
and maintain continuous compliance with the effluent limitations of the Permit;
B.
A description of the actions that the Respondent will take
to ensure that the collection system is
at all times efficiently operated and maintained in good working order. Such actions shall include, but not be
limited to, identification and reduction of inflow and infiltration sources and
stormwater connections to the collection system to maintain compliance with the
NPDES Permit;
C.
A Polishing Pond/Sinkhole Closure Plan, for IDEM approval,
that schedules removal and proper disposal of the sludge in the polishing pond/sinkhole
which has accumulated from past discharges from Respondent’s WWTP;
D.
Update its WWTP effluent outfall location, receiving waters,
and facility description in its renewal NPDES Permit application.
E.
A schedule for initiation and completion of all actions
described in the CP, including milestone dates.
5.
The Respondent shall, upon completion of implementation of
the portion of the CP required by Order Paragraph 4.A, be subject to the
stipulated penalties specified in Order Paragraph 14 below for violation of the
effluent limits of the Permit.
6.
The Respondent shall, within 12 months of the completion of
the portion of the CP required by Order Paragraph 4.A (Performance Period),
demonstrate for a period of 10 consecutive months, compliance with the effluent
limitations of the Permit. In the event
that an effluent limitation violation occurs during the Performance Period, the
Respondent shall, within 60 days of becoming aware of the violation, submit to
IDEM for its approval, an Effluent Limitation Compliance Plan, that includes a
description of the additional actions that the Respondent will take to achieve
and maintain continuous compliance with the effluent limitations contained in
the Permit and a schedule, including specific milestone dates for initiating
and completing such actions.
7.
The plans required by Order Paragraphs 4. and 6. are subject
to IDEM approval. In
the event that IDEM determines any plan to be deficient or otherwise
unapprovable, the Respondent shall, upon written notice by IDEM, revise and
resubmit the plan, in accordance with IDEM’s written notice. If, after three submissions of the plan by
the Respondent, IDEM finds the plan to be deficient or otherwise unapprovable,
IDEM may require the Respondent to revise and resubmit the plan, or
alternatively, may modify and approve the plan, in which case the Respondent
shall implement the plan as modified and approved by IDEM.
8.
Upon approval by IDEM, any plan required pursuant to this
Agreed Order 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 schedule contained therein.
9.
The Respondent shall notify IDEM, in
writing, within 10 days of completion of each action or milestone contained in
any plan approved by IDEM pursuant to this Agreed Order. The notification shall
include a description of the action completed and the date it was completed.
10.
Beginning on the Effective Date, the Respondent shall
inspect the wastewater system during and/or after precipitation events which
have the potential to cause wash out, in order to determine whether a washout
of sludge or overflow has occurred. 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 (estimated or actual)
and, for inspections conducted after the precipitation event, the time the
precipitation event ended (estimated or actual), and the volume (estimated or
actual) of the precipitation event;
E.
observations as to whether a washout of sludge or overflow from
the wastewater system occurred, is occurring, or is about to occur, and if so
the location; and
F.
the remedial measures taken in the event that a discharge is
found to have occurred, to be occurring, or about to occur.
The Respondent shall maintain the required documentation at the Berkshire Point
SSK Community office and shall make such documentation available to IDEM
representatives for inspection and/or copying upon request.
11.
Beginning on the Effective Date, in the event that a washout
of sludge or overflow from Respondent’s wastewater system occurs the Respondent
shall report overflows and perform a response, as follows:
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;
i.
report the discharge event as follows:
ii.
Within 24 hours of the Respondent’s discovery of the
discharge, the Respondent shall provide verbal notification of the event to
IDEM, at 317/232-8670 (or 317/232-8694) during regular business hours or
317/233-7745 during non-business hours;
iii.
Within five days of the Respondent’s discovery of the discharge,
the Respondent shall submit written notification of the discharge to IDEM. The notification shall include the following
information: the duration and cause of the discharge and the remedial action
taken to eliminate it;
iv.
The Respondent shall report the duration and estimated
volume of the discharge on the Discharge Monitoring Report and the Monthly
Report of Operation; and
C.
document all actions taken to cease the discharge and to
remediate the affected areas, maintain copies of the documentation at the Berkshire
Point SSK Community office, and make such documentation available to IDEM
representatives for inspection and/or copying upon request.
12.
All submittals required by this Agreed Order, unless
notified otherwise in writing, shall be sent to:
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Paul Cluxton, Enforcement Case Manager |
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Indiana Department of Environmental Management |
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Office of Enforcement – Mail Code 60-02 |
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13.
The Respondent is assessed a civil penalty of Eight Thousand
Seven Hundred Fifty ($8,750) Dollars. A
portion of said penalty amount, totaling One Thousand Seven Hundred Fifty
Dollars ($1,750) shall be due and payable to the Environmental Management
Special Fund within 30 days of the Effective Date of this Agreed Order. Said penalty amount shall be due and payable
to the Environmental Management Special Fund.
In lieu of payment of the remaining civil penalty, the Respondent shall
perform and complete a Supplemental Environmental Project (“SEP”). The Respondent estimates that this SEP will
cost a minimum of Fourteen Thousand Four Hundred Fifty Dollars ($14,450). Within 30 days of completing the SEP, the
Respondent shall submit written notice and documentation to IDEM which
substantiates all actions taken and costs incurred with respect to the
SEP. In the event that the cost of the
SEP is less than Fourteen Thousand Dollars ($14,000), Respondent shall pay 50%
of the difference between $14,000 and the actual cost of the SEP.
As a Supplemental Environmental Project, the Respondent has chosen to construct
a new structure at the end of the wastewater treatment plant to allow for the
installation of a ultra-violet (UV) disinfection system, providing for all
necessary power requirements and controls.
Respondent shall install and initiate operation of the UV disinfection
system by no later than the completion date for the improvements under the
portion of the CP required pursuant to Order Paragraph 4, which is targeted for
December 23, 2006. Implementation of
this SEP will eliminate the use of chlorine and sulfur dioxide chemicals from
the Respondent’s wastewater treatment process.
In the event that the Respondent does not complete the SEP by the completion
date for the improvements under the portion of the CP required pursuant to
Order Paragraph 4, the full amount of the civil penalty as stated in this
Paragraph 13 above, plus interest established by IC 24-4.6-1-101 on the
remaining amount, less the portion of the civil penalty the Respondent has
already paid, will be due within fifteen (15) days from the Respondent’s
receipt of IDEM’s notice to pay.
Interest, at the rate established by IC 24-4.6-1-101, shall be
calculated on the amount due from the date which is thirty (30) days after the
Effective Date of this Agreed Order until the full civil penalty is paid.
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:
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Order Paragraph Number |
Violation
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Penalty Amount |
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4 |
Failure
to submit the CP, as required. |
$250 per each week or
part thereof late |
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Violation
of any effluent limitation contained in the Permit, subsequent to completion
of implementation of the portion of the CP required pursuant to Order
Paragraph 4.A. |
$1000 per violation |
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Failure
to submit Effluent Limitation Compliance Plan, if required. |
$250 per each week or
part thereof late |
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7 |
Failure
to revise and resubmit any plan required pursuant to this Agreed Order, as
required. |
$250 per each week or
part thereof late |
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8 |
Failure
to implement an approved plan, or to meet any milestone date set forth in any
approved plan. |
$500 per each week or
part thereof late |
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Failure to notify IDEM, in writing, within 10 days
of completion of each action contained in the approved action plan. |
$250 per each week or
part thereof late |
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10 |
Failure to inspect wastewater system, as required |
$500 per violation |
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Failure to document inspections of the wastewater
system or make documentation available to IDEM, as required |
$500 per violation |
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Failure to take all reasonable actions to cease the
washout of sludge or overflow as soon as possible; properly clean the
affected area; remove and properly dispose of sewage and debris from the
affected area; or report the discharge event, as required |
$500 per violation |
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Failure to document action taken to cease the
discharge and to remediate the affected areas, or make documentation
available to IDEM, as required. |
$500 per violation |
15.
Stipulated penalties shall be due and payable within thirty
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:
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Indiana Department of Environmental Management |
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Cashier’s Office – Mail Code 50-10C |
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17.
In the event that the civil penalty required by Order
Paragraph 13, 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.
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 the Respondent pursuant to
this Agreed Order, shall not in any way relieve the Respondent of its
obligation to comply with the requirements of any applicable permit or order or
with any other applicable federal or state law or regulation.
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
any permit or 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 the Respondent may
incur as a result of Respondent’s efforts to comply with this Agreed Order.
23.
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 seek additional civil
penalties for the violations specified in the Notice of Violation.
24.
This Agreed Order shall remain in effect until the
Respondent has complied with the terms of Order Paragraphs 3 through 17 and until
IDEM issues a Close-Out letter to the Respondent.
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TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of
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New Salisbury-SSK, a.k.a.
SSK |
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Company Communities,
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Pointe MHP |
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Mark W. Stanifer, Chief |
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Water Section |
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Kurt Keeney |
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Office of Enforcement |
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COUNSEL FOR COMPLAINANT: |
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Department of
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Jay Rodia |
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Dennis Williams |
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Office of Legal Counsel |
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Attorney at Law |
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APPROVED AND ADOPTED BY
THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS
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For The Commissioner: |
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Signed September 8, 2005 |
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Matthew T. Klein |
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Assistant Commissioner |
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of Compliance and
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