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. 2004-14115-W
					)
MAYSVILLE REGIONAL WATER &					)
SEWER DISTRICT,					)
					)
	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 (hereinafter referred to as Complainant) of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.

2. The Respondent is the Maysville Regional Water & Sewer District (Respondent), which owns a sewage collection system that includes a sewage lift station located at 16137 Notestine Road (the Site) in Harlan, Allen County, Indiana. The sewage collection system is comprised of 100% separate sanitary sewers.

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 a Notice of Violation on August 6, 2004, via Certified Mail to:

Dale McAlexander, President

Maysville Regional Water & Sewer District

P. O. Box 413

Harlan, Indiana 46743

5. Pursuant to Indiana Code 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.

6. 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 the state, or to cause, permit or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters any organic or inorganic matter that shall cause or contribute to a polluted condition of any waters.

7. Pursuant to 327 IAC 5-2-2, any discharge of pollutants into the 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 National Pollutant Discharge Elimination System (NPDES) permit obtained prior to the discharge.

8. Pursuant to 327 IAC 2-1-6(a)(1), all waters at all times and at all places, including the mixing zone, shall meet the minimum conditions of being free from substances, materials, floating debris, oil or scum attributable to municipal, industrial, agricultural, and other land use practices, or other discharges:

(A) that will settle to form putrescent or otherwise objectionable deposits;

(B) that are in amounts sufficient to be unsightly or deleterious;

(C) that produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance;

(D) which are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants or humans…; and

(E) which are in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such a degree as to create a nuisance, be unsightly, or otherwise impair the designated uses.

9. An investigation by IDEM, which included a review of records and the inspection of Respondent’s Notestine Road sewage lift station on March 10, 2004, indicates that the Respondent discharges untreated sewage from its lift station through an overflow pipe into a nearby ditch. During the inspection, sewage solids were observed caked on and around the rocks covering the outlet of the overflow pipe, and black sediment was observed in the ditch downstream from the pipe. This discharge to waters of the state without an NPDES Permit is in violation of IC 13-30-2-1, IC 13-18-4-5, 327 IAC 5-2-2, and 327 IAC 2-1-6(a)(1).

10. On August 31, 2004, Respondent communicated by phone to the IDEM Office of Enforcement that smoke testing and repair of sewers were underway and that the hole and bypass pipe at the Notestine Road sewage lift station wet well had been sealed.

11. 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 IC 13-30-2-1, IC 13-18-4-5, 327 IAC 2-1-6(a)(1), and 327 IAC 5-2-2.

3. Within 90 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. actions that Respondent will take to assure the elimination of overflows from its collection system, including the sewage lift station located at 16137 Notestine Road.

b. actions that Respondent will take to ensure that the collection system is at all times efficiently operated and maintained in good working order. Specific requirements that need to be included in this part of the CP are included in Attachment A which is hereby incorporated into this Agreed Order and deemed an enforceable part thereof.

c. an implementation and completion schedule, including specific milestone dates for developing and implementing the items required by items a and b above.

4. The Respondent shall, within 12 months of the completion of the portion of the CP required by Paragraph 3.a. (Performance Period), demonstrate a period of nine consecutive months that discharges from the collection system do not occur. 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 eliminate discharges from the collection system. This “Additional Action Plan”, if required, shall include a new implementation and completion schedule, including specific milestone dates.

5. The plans required by Paragraphs 3 and 4 above are subject to IDEM approval. If IDEM deems any plan inadequate, a revised plan shall be submitted within 15 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.

6. Beginning on the Effective Date and lasting until the earlier of the completion of the CP or Additional Action Plan from Paragraphs 3 and 4 above, the Respondent shall operate its existing wastewater sewer system as effectively and efficiently as possible, and 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.

7. The Respondent shall inspect the overflow and bypass points present in the sewer system 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.

8. The Respondent shall investigate and respond to any complaint of discharge from any overflow or bypass point present in the sewer system 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 7, 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.

9. 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.

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 Five Hundred Fifty Dollars ($550). Said penalty amount shall be due and payable to the Environmental Management Special Fund, reference Case 2004-14115-W on the check, and mail to the address in Paragraph 15 of this Agreed Order.

12. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

Paul Cluxton, Enforcement Case Manager

IDEM, Office of Enforcement

100 North Senate Avenue

P.O. Box 6015

Indianapolis, IN 46206-6015

13. 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 Number	Violation	Penalty Amount
3	Failure to submit the CP, as required, within the given time period.	$250 per each week or part thereof late
4	Sanitary sewer overflow events that occur during the Performance Period.	$1000 for each event
4	Failure to submit the Additional Action Plan, if required, within the given time period.	$250 per each week or part thereof late
5	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
5	Failure to meet any milestone date set forth in the approved CP or Additional Action Plan.	$500 per each week or part thereof late
6	Failure to operate collection system as efficiently as possible during the interim period.	$750 per documented event
7	Failure to inspect, document or maintain records of inspections.	$500 per documented event
8	Failure to investigate, respond to or document complaints of bypassing.	$500 per documented event
9	Failure to report, document, or properly conduct a response to any event.	$500 per documented event
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

14. 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 Indiana law, including but not limited to civil penalties pursuant to IC 13-30-4.

15. 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

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

16. In the event that the civil penalty required by Order Paragraph 11 is not paid when due, 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.

17. 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 party 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.

18. 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.

19. 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.

20. 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, or state law.

21. This Agreed Order shall remain in effect until the Respondent has complied with all terms and conditions of this Agreed Order Paragraphs 3 through 16 and IDEM issues a close out letter to the Respondent.

TECHNICAL RECOMMENDATION:		RESPONDENT:
Department of Environmental Management		Maysville Regional Water & Sewer District
By:	_____________________________	By:	______________________________
	Mark W. Stanifer	Printed:	______________________________
	Section Chief, Water Section	Title:	_____________________________
	Office of Enforcement
Date:	_____________________________	Date:	______________________________
COUNSEL FOR COMPLAINANT:		COUNSEL FOR RESPONDENT:
Department of Environmental Management
By:	_____________________________	By:	______________________________
	Joseph H. Merrick
	Office of Legal Counsel
Date:	_____________________________	Date:	______________________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _______________ DAY OF __________________________, 2004.

For The Commissioner:

Signed on 12/3/04

Felicia A. Robinson

Deputy Commissioner

For Legal Affairs

Attachment A

The portion of the Compliance Plan required pursuant to Order Paragraph 3b shall provide for the following:

1. Development and implementation of a Maintenance Program that includes, but is not necessarily limited to:

a routine/ongoing preventive maintenance of facilities and equipment, using a predictive approach to continually review and update maintenance procedures;

b. identification of critical parts needed for system operation and maintenance;

c. establishment and maintenance of an adequate inventory of replacement parts; and

d. routine/ongoing efforts to identify sources of infiltration and inflow and to systematically eliminate those sources.

2. Development and implementation of an Operations and Capacity Management Program that includes, but is not necessarily limited to:

a. routine/ongoing assessment of the structural integrity and capacity of the collection system and pumping facilities;

b. evaluation of the impact of industrial and other non-domestic collection systems tributary to all overflow and/or bypass points, and identification and implementation of actions necessary to address such impacts;

c. Identification and prioritization of structural and hydraulic deficiencies (particularly those that allow for infiltration and inflow to the collection system and limit the capacity of the sewer lines to transport all collected water to the treatment plant for treatment and/or those that are causing or contributing to collection system discharges) and identification and implementation of rehabilitative actions needed to correct each deficiency,

d. monitoring of the collection system, both routinely and during all precipitation events, to identify discharges, and

e. Procedures for responding to and operating during conditions likely to result in collection system discharges, such as floods, equipment failure, and power failure.

3. Development and implementation of an Information Management Program that includes, but is not necessarily limited to:

a. Development and maintenance of an accurate and up-to-date map of the collection system,

b. Procedures for recording and reporting collection system discharge events, ,

c. Identification and illustration of trends in overflow occurrences,

d. Procedures for responding to overflows,

e. Procedures for tracking collection system problems (including customer complaints).

f. Maintenance of all records resulting from work performed in the collection system including work orders associated with investigations, inspections, new installations, preventive and routine maintenance, and corrective actions;

g. Procedures for records retention;

h. Documentation of all activities taken in order to implement the portion of the CP required pursuant to Order Paragraph 3b.

4. Development and implementation of a Training and Review Program that includes, but is not necessarily limited to:

a. Appropriate regular and refresher training on a routine basis for employees and other affected persons, on procedures for implementation of the provisions of the CP required pursuant to Order Paragraph 3b, and

b. Annual reviews by representatives of all levels of management and staff to assess the overall effectiveness of the portion of the CP required pursuant to Order Paragraph 3b, and recommend adjustments.

5. Development and implementation of a Monitoring and Modification Program that includes, but is not necessarily limited to:

a. Ongoing monitoring of the implementation and effectiveness of the portion of the CP required pursuant to Order Paragraph 3b, and

b. Modification and update as necessary to ensure that the purpose of the CP required pursuant to Order Paragraph 3b is achieved.