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. 2004-14287-W

 

)

HONDO INCORPORATED, A WHOLLY

)

OWNED SUBSIDIARY OF

)

COCA-COLA ENTERPRISES, INC,

)

 

)

 

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.Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein.Respondentís entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which the 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 (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, Hondo Incorporated, a wholly owned subsidiary of Coca-Cola Enterprises, Inc., owns and/or operates a soft drink bottling company known as Tri- State Coca-Cola Bottling Company with Industrial Wastewater Pretreatment Permit No. INP000160 (the "Permit") located at 1617 North Meridian Street, Portland, in Jay County, Indiana (the "Site").The Respondent, Hondo Incorporated, waives issuance of a Notice of Violation and to the settlement period of 60 days as provided for by IC 13-30-3-3.

 

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 December 29, 2004, a Notice of Violation, via Certified Mail to:

 

Mr. John R. Alm, President
Coca-Cola Enterprises, Inc.
2500 Windy
Ridge Parkway
Atlanta, Georgia
30339

Corporation Service Company, Registered Agent
Coca-Cola Enterprises, Inc.
251 East Ohio Street, Suite 500
Indianapolis, Indiana46204

 

5.                  A records review for the period of December 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 5-21-4(1), 327 IAC 5-21-6(a)(1), and Part II.A.1 of the Permit, the Respondent is required to comply with all terms and conditions of the Permit.

Part I.A.1 of the Permit contains the monitoring requirements applicable to the discharge from the Respondentís WWTP Outfall 001 into the City of
Portland sewage treatment system.

Discharge Monitoring Reports (DMR) and Monthly Reports of Operation submitted by the Respondent to IDEM for the period between December 2001 and April 2004 reveal that Respondent failed to report daily maximum concentration of Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS) two times per week as required in Part I.A.1 of the Permit as follows:

Week of:

December 4, 2001, only one BOD reported; sample on 12/4/01 had no BOD result.

December 17, 2001, only one BOD reported; sample on 12/18/01 had no BOD result.

January 21, 2002, only one BOD reported; sample on 1/23/02 had no BOD result.

February 11, 2002, only one BOD reported; sample on 2/12/04 had no BOD result.

April 15, 2002, no BOD reported; BODís on 4/16/02 and 4/17/02 noted disqualified.

April 22, 2002, no BOD reported; BODís on 4/23/02 and 4/24/02 noted disqualified.

July 1, 2002, note on DMR states no testing for BOD or TSS done for the week.

November 11, 2002, note on DMR states did not complete BOD tests for 11/19,20.

November 25, 2002, note on DMR states no testing for BOD or TSS done for the week.

December 22, 2002, note on DMR states no testing for BOD or TSS done for the week.

January 1, 2003, note for 1/3/03 sample states no BOD results reported because dissolved oxygen depletion was less than 2 mg/l and blanks exceeded 0.2 mg/l.

July 1, 2003, note on DMR states no testing for BOD or TSS done for the week.

August 1, 2003, note on DMR states BOD incubator malfunction invalidated week test.

September 22, 2003, only one BOD reported; on 9/24/03 dissolved oxygen depletion less than 2.0 mg/l.

November 3, 2003, only one BOD reported; 11/1/03 sample dissolved oxygen depletion less than 2.0 mg/l.

November 17, 2003, no BOD reported; note on DMR states oxygen generated in blanks.

November 24, 2003, note on DMR states no testing for BOD or TSS done for the week.

December 1, 2003, no BOD results reported.Blanks generated oxygen.

December 15, 2003, no BOD results reported.Note states disqualified; incubation for seven days instead of the required standard five days.

December 22, 2003, note on report states no testing for BOD or TSS done for the week

December 29, 2003, no BOD results reported.Blanks exceeded 0.2 mg/l depletion.

January 5, 2004, note on DMR states no BOD results reported for 1/6 and 1/7; blanks generated oxygen.

January 26, 2004, no BOD results reported; note on DMR states mixed up sample and seed causing results to not be valid.

February 9, 2004, only one BOD reported; note states 2/10/04 BOD dissolved oxygen depletion was below 2 mg/l.

February 23, 2004, note on DMR states no testing for BOD or TSS done for the week.


The Respondent's failure to comply with these monitoring requirements contained in the Permit is in violation of 327 IAC 5-21-4(1), 327 IAC 5-21-6(a)(1), Part II.A.1 of the Permit, and Part I.A.1 of the Permit.

 

B.                 Pursuant to 327 IAC 5-21-4(1), 327 IAC 5-21-6(a)(1), and Part I.C.4 of the Permit, the Respondent is required to comply with test procedure analytical methods that conform to 40 CFR 136, current version.

The Respondent failed to use proper technique to monitor BOD during the months of November 2002, January 2003, September 2003, November 2003, December 2003, and January 2004, in violation of 327 IAC 5-21-4(1), 327 IAC 5-21-6(a)(1),and Part I.C.4 of the Permit.

 

6.                  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 all rules and permit conditions cited in the Findings of Fact.

 

1.                  The Respondent is assessed a civil penalty of Nine Thousand Dollars ($9,000).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.

 

2.                  The civil penalty is payable by check to the Environmental Management Special Fund.The check shall include the Case Number of this action and shall be mailed to:

Indiana Department of Environmental Management
Cashiers Office Ė Mail Code 50-10C
100 N. Senate Avenue
Indianapolis, IN 46204-2251

 

3.                  In the event that the civil penalty required by Order Paragraph 3 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.

 

4.                  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.

 

5.                  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.

 

6.                  The provisions of this Agreed Order do not affect the 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 requirements set forth in its NPDES Permit.

 

7.                  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.

 

8.                  This Agreed Order shall remain in effect until the Respondent has complied with all terms and conditions of this Agreed Order Paragraphs 3 through 5 and IDEM issues a close-out letter to the Respondent.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Hondo Incorporated, a Whole Owned
Subsidiary of Coca-Cola Enterprises, Inc.

 

 

 

By:

 

 

By:

 

 

Mark W. Stanifer, Chief

 

Printed:

 

 

Water Enforcement 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

 

, 2005.

 

 

 

 

For The Commissioner:

 

 

 

Signed on April 1, 2005

 

Matthew T. Klein

 

Assistant Commissioner for Compliance

 

& Enforcement