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STATE
OF INDIANA |
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BEFORE
THE INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. GENERAL MOTORS LLC – GPS BEDFORD, Respondent. |
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AGREED ORDER
Complainant and 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 Indiana Code (IC) 13-30-3-3, entry into the terms of this Agreed Order does
not constitute an admission 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 (Complainant) of the Indiana Department of Environmental
Management (IDEM), a department of the State of Indiana created by IC
13-13-1-1.
2.
General
Motors LLC – GPS Bedford (Respondent), owns/operates the facility located at 105
GM Drive, Bedford, Lawrence County, Indiana (the Site).
3.
Respondent
is authorized by its National Pollutant Discharge Elimination System (NPDES)
Permit No. IN0003573 (the Permit), to discharge wastewater treated in
accordance with the terms and conditions of the NPDES Permit from its Wastewater
Treatment Plant (WWTP) into Pleasant Run from Outfall 003.
4.
IDEM
has jurisdiction over the parties and the subject matter of this action
pursuant to IC 13-30-3.
5.
Pursuant
to IC 13-30-3-3, IDEM issued a Notice of Violation (NOV) via Certified
Mail/personal service/Electronic Mail to:
Mark Dickman, Plant Director
General
Motors LLC – GPS Bedford
105
GM Drive
Bedford,
IN 47421
Corporation
Service Company, Registered Agent
135
N. Pennsylvania St., Suite 1610
Indianapolis,
IN 46204
6.
During
an investigation conducted by a representative of IDEM, violations were found,
as described below.
7.
327
Indiana Administrative Code (IAC) 5-2-8(1), states the permittee shall comply
with all terms and conditions of the Permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and Indiana Code (IC) 13 and is
grounds for enforcement action by IDEM.
8.
Pursuant
to Part I.A.1 of the Permit, the permittee is required to comply with the
monitoring requirements contained in the Permit, including effluent limitations.
Discharge
Monitoring Reports (DMRs) and Monthly Reports of Operation (MROs) submitted by
Respondent for the period of January 2022 through May 2023 revealed violations
of effluent limitations contained in Part I.A.1 of the Permit as follows:
A.
The
daily maximum average concentration limitation for Biological Oxygen Demand
(BOD) was exceeded during January, February, March, April, May, June, July,
August, September, October, and December 2022 and January, February, March, April,
May, and June 2023.
B.
The
monthly average concentration limitation for BOD was exceeded during January,
February, March, April, May, June, July, August, September, October, and
December 2022 and January, February, March, April, May, and June 2023.
C.
The
daily maximum loading limitation for Total Suspended Solids (TSS) was exceeded
during January, February, April, August, September, October, November, and
December 2022, and April and May 2023.
D.
The
monthly average loading limitation for TSS was exceeded during January,
February, April, August, September, November, and December 2022, April, and May
2023.
E.
The
daily maximum concentration limitation for Oil and Grease (O&G) was
exceeded during January 2022.
F.
The
monthly average concentration limitation for ammonia (as nitrogen) was exceeded
during December 2022 and January 2023.
G.
The
monthly average concentration limitation for chlorine was exceeded during
February 2023.
Respondent
failed to comply with the effluent limitations from Outfall 003 contained in
the Permit, in violation of Part I.A.1 of the Permit.
9.
Pursuant
to Part 1.A.1[5] of the Permit, the water quality based effluent limits
(WQBELs) for total residual chlorine (TRC) and polychlorinated biphenyls (PCBs)
are less than the limit of quantitation (LOQ) as specified in footnote [6]. Compliance with this permit will be
demonstrated if the effluent concentrations measured are less than the LOQ.
If
the measured concentration of TRC and PCBs are greater than the water quality
based effluent limitations and above the respective LOD specified in footnote
[6] in any three (3) consecutive analyses, or any five (5) out of nine (9) analyses,
then the discharger shall:
1)
Determine
the source of the parameter through an evaluation of sampling techniques,
analytical/laboratory procedures, and waste streams (including internal waste
streams); and re-examine the chlorination /dechlorination procedures.
2)
The
sampling and analysis for TRC and PCBs shall be increased to 2 X Weekly and 2 X
Monthly, respectively, and remain at this increased sampling frequency
until:
a)
The
increased sampling frequency for TRC and PCBs has been in place for at least
five weeks and five months, respectively;
b)
At
least nine (9) samples have been taken under this increased sampling frequency;
and
c)
The
measured concentration of TRC and PCBs is less than the LOD specified in
footnote [6] in at least seven (7) out of the nine (9) most recent analyses.
Respondent
sent a letter to the Compliance Data Section dated April 19, 2023, notifying
IDEM of monitoring frequency violations following TRC sample results in June
2022, and January and February 2023. A review of IDEM records revealed that Respondent
failed to increase TRC sampling frequency to two times weekly following two
separate occasions where three consecutive TRC samples were above the LOD on June
8, 16, and 25, 2022, and on January 16, 23, and February 16, 2023. Respondent failed to conduct additional sampling
as required, in violation of Part 1.A.1[5] of the Permit.
Pursuant
to 327 IAC 2-1-6(a)(1), all surface 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 that do any of the following:
a. will
settle to form putrescent or otherwise objectionable deposits;
b. are in amounts
sufficient to be unsightly or deleterious;
c. produce
color, visible oil sheen, odor, or other conditions in such degree as to create
a nuisance;
d. are in concentrations or combinations that will cause or contribute
to the growth of aquatic plants or algae to such degree as to create a
nuisance, be unsightly, or otherwise impair the designated uses; or
e. are in amounts sufficient to be acutely toxic to, or to
otherwise severely injure or kill aquatic life, other animals, plants, or
humans.
A Whole Effluent Toxicity (WET) Test
conducted on April 25, 2022, resulted in the initial determination
of toxicity; in violation
of IC 13-18-4-5 and 327 IAC 2-1-6(a)(1).
11.
On June 3, 2021, and July 21, 2022, IDEM sent
Inspection Summary Letter(s) to Respondent outlining violations at the WWTP.
The letters required a response detailing actions taken to correct the violations.
IDEM received responses to the letter(s) explaining compliance actions
Respondent took or would take to address the violations. However, the responses
did not adequately address the violations noted above at the WWTP.
12.
Orders
of the Commissioner are subject to administrative review by the Office of
Environmental Adjudication under IC 4-21.5; however, in recognition of the
settlement reached, Respondent acknowledges notice of this right and 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 adopted by Complainant
or Complainant’s delegate (as evidenced by signature), and the adopted Agreed
Order has been received by Respondent. This Agreed Order shall have no force or
effect until the Effective Date. In addition to addressing the violations cited
in Paragraphs 8 through 10 of the Findings of Fact above, this Agreed Order
also addresses any additional violations of these same rules that may have occurred
subsequent to the issuance of the NOV and prior to the
Effective Date.
2.
Respondent
shall comply with rules and statutes listed in the findings above at issue.
3.
Immediately on the Effective Date, Respondent shall continue
to follow the Toxic Release Evaluation (TRE) plan, originally submitted on July
1, 2022, as required by Part I.F.2 of the Permit. Respondent shall submit to
IDEM quarterly TRE progress reports. Each TRE progress report must include a listing
of proposed activities for the next quarter and a schedule to reduce toxicity in
the effluent discharge to acceptable levels through control of the toxicant source
or treatment of whole effluent.
4.
After completing the TRE, Respondent must conduct monthly
post-TRE toxicity tests for a period of three (3) consecutive months. If the
three (3) monthly tests demonstrate no toxicity with any test species as
described in Part I.D.1.f of the Permit, the TRE will be considered successful.
Otherwise, the TRE must be continued.
5.
Within 90 days of successfully completing the TRE, including
the three (3) consecutive monthly tests required as part of the post-TRE
toxicity testing requirements, Respondent must submit to IDEM a final TRE Report
in accordance with Part I.F.2.d of the Permit.
6.
Within three (3) years from the date Respondent failed
to reduce toxicity, or by May 23, 2025, Respondent shall complete all requirements
in Order Paragraphs 3 through 6, demonstrating the whole effluent toxicity has
been reduced to acceptable levels.
7.
Following the successful completion of the TRE, as
demonstrated by three (3) consecutive monthly tests demonstrating no toxicity
with any test species and reduction of toxicity in the effluent discharge to
acceptable levels, Respondent must demonstrate 12 months of compliance with
chronic toxicity tests required in Part I.F.1 of the Permit (Performance Period),
which requires toxicity tests to be completed every six (6) months while the
Permit is active.
8.
Within 90 days of the Effective Date, Respondent shall
develop and submit to IDEM for approval a Compliance Plan (CP) which identifies
actions that Respondent will take to achieve and maintain compliance with its
Permit, specifically including the actions Respondent will take to:
The CP shall include an implementation
and completion schedule, including specific milestone dates.
Respondent
shall notify IDEM in writing of variations to the approved CP.
9.
Respondent
shall, after completion of the work required pursuant to the approved CP from
Paragraph 8 above, demonstrate 12 consecutive months of compliance (Compliance Demonstration)
with the terms and conditions of the Permit.
10.
In
the event that
violation(s) occur during the Compliance Demonstration, within 30 days of the
violation, Respondent shall develop and submit to IDEM, for approval, an
Additional Action Plan (AAP) which identifies the additional actions that Respondent
will take to achieve and maintain compliance with the terms and conditions of
the Permit. The AAP, if required, shall include an implementation and
completion schedule, including specific milestone dates.
11.
The plans required by Order Paragraphs 8 and 10
are subject to IDEM approval. In the event IDEM determines that any plan or any
modified plan submitted by Respondent is deficient or otherwise unacceptable,
Respondent shall revise and resubmit the plan to IDEM in accordance with IDEM’s
notice. After three submissions of such plan by Respondent, IDEM may seek civil
enforcement of this Order.
12.
Respondent,
upon receipt of written notification from IDEM, shall immediately implement the
approved plan(s) and adhere to the milestone dates therein. The approved CP and
AAP shall be incorporated into the Agreed Order and shall be deemed an enforceable
part thereof.
Following completion of the
actions included in the AAP, the 12 month Compliance
Demonstration, as specified in Paragraph 8 above, will re-start. Failure to
achieve compliance at the conclusion of work under an AAP may subject Respondent
to additional enforcement action.
13.
Beginning
upon receipt of approval of the CP or AAP, and
continuing until the successful completion of implementation of the approved CP
or AAP, Respondent shall submit to IDEM regular progress reports identifying compliance
actions implemented and completion of each required milestone in the CP or AAP.
The frequency of progress report submittals shall be specified in IDEM’s written
notification to Respondent of the plan approval, and
will be based on the proposed milestones in the approved plan(s).
14.
Beginning
on the Effective Date and continuing until the successful completion of the
approved CP, Respondent shall, at all times, operate
its existing WWTP as efficiently and effectively as possible.
15.
All
submittals required by this Agreed Order, unless Respondent is notified otherwise
in writing by IDEM, shall be sent to:
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Samantha
Clements, Enforcement Case Manager |
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Office
of Water Quality – IGCN 1255 |
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Indiana
Department of Environmental Management 100
North Senate Avenue |
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Indianapolis,
IN 46204-2251 |
16.
Respondent
is assessed and agrees to pay a civil penalty of Thirty-Five Thousand Seven Hundred
Dollars ($35,700). Respondent shall pay the civil penalty by the due date
printed on the invoice, as attached.
Civil
and stipulated penalties are payable to the “Environmental Management Special
Fund” by mail, phone, or online following the instructions below:
Mail:
Civil
and stipulated penalties are payable by check to the “Environmental Management
Special Fund.” Checks shall include the Case Number 2023-29443-W of this action
and shall be mailed to:
Indiana
Department of Environmental Management
Accounts
Receivable
IGCN,
Room 1340
100
North Senate Avenue
Indianapolis,
IN 46204
Online:
Accounts
Receivable is accepting payments online by e-Check, Master Card, Visa, or Discover. Please visit www.IN.gov/IDEM. Under Online Services, click Online Payment
options and follow the prompts. A
processing fee of $1 plus 1.99% will be charged for credit card payments. A processing fee of $1 will be charged for e-Check
payments. The Case Number 2023-29443-W
of this action is required to complete the process.
Phone:
Accounts
Receivable also accepts payments by phone at 317-234-3099. Follow the instructions for Master Card,
Visa, or Discover payments. A processing
fee of $1 plus 1.99% will be charged for credit card payments. A processing fee of $1 will be charged for e-Check
payments. The Case Number 2023-29443-W is
required to complete the process.
17.
In
the event the terms and conditions of the following paragraphs are violated,
IDEM may assess and Respondent shall pay the
corresponding stipulated penalty:
|
Paragraph |
Violation |
Stipulated
Penalty |
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3 |
Failure
to submit TRE progress reports every 90 days. |
$250
per week late, or part thereof. |
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4 |
Failure
to conduct three (3) consecutive months of post-TRE toxicity testing as described in Part I.D.1.f of the Permit. |
$250
per violation. |
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5 |
Failure
to submit a final TRE Report within the required timeframe. |
$250
per week late, or part thereof. |
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6 |
Failure
to reduce toxicity to acceptable levels within required time
period. |
$1,000
per violation. |
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7 |
Failure
to conduct chronic toxicity tests as the
Permit requires during the Performance Period. |
$250
per week late, or part thereof. |
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8 |
Failure
to submit the CP within the required time period. |
$250
per week late, or part thereof. |
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9 |
For
violations of terms and conditions of the Permit during the Compliance
Demonstration. |
$400
per violation |
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10 |
Failure
to submit the AAP, if required, within the given time period. |
$500
per week late, or part thereof. |
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11 |
Failure
to modify the CP and/or AAP, if required, within the given time
period. |
$500
per week late, or part thereof. |
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12 |
Failure
to meet and/or implement any milestone date set forth in the approved CP or
AAP. |
$500
per week late, or part thereof. |
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13 |
Failure
to submit to IDEM a written progress report as specified in the CP or AAP approval
letter. |
$150
per week late, or part thereof. |
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14 |
Failure
to operate the WWTP as efficiently and effectively as possible prior to Compliance
Demonstration. |
$200
per violation. |
18.
Stipulated
penalties shall be due and payable no later
than the 30th day after Respondent receives written notice
that IDEM has determined a stipulated penalty is due, the 30th day being a “Due Date.” IDEM may notify Respondent
at any time that a stipulated penalty is due. Failure to notify Respondent in writing
in a timely manner of a stipulated penalty assessment shall not waive IDEM’s
right to collect such stipulated penalty or preclude IDEM from seeking
additional relief against Respondent for violation of this Agreed Order.
Neither assessment nor payment
of stipulated penalties shall preclude IDEM
from seeking additional relief against Respondent for a violation of this Agreed Order. Such additional relief includes any remedies or sanctions available
pursuant to Indiana law,
including, but not limited to, civil penalties pursuant to IC 13-30-4.
19.
This
Agreed Order shall apply to and be binding upon Respondent, its successors
and assigns. Respondent’s signatories to this Agreed Order certify that they
are fully authorized to execute this Agreed Order and legally bind the party
they represent. No change in ownership, corporate, or partnership status of
Respondent shall in any way alter its status or responsibilities under this Agreed
Order.
20.
In
the event that the
monies due to IDEM pursuant to this Agreed Order are not paid on or before their
Due Date, Respondent shall pay interest on the unpaid balance and any accrued
interest at the rate established by IC 24-4.6-1. The interest shall be computed
as having accrued from the Due Date until the date that Respondent pays any unpaid
balance. The interest shall continue to accrue on the first of each month until
the civil penalty and any interest accrued are paid in full. Such interest
shall be payable to the “Environmental Management Special Fund,” and shall be payable
to IDEM in the manner specified above.
21.
In
the event that any
terms of this 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 this
Agreed Order did not contain the invalid terms.
22.
Respondent
shall provide a copy of this Agreed Order, if in force, to any subsequent
owners or successors before ownership rights are transferred. Respondent shall
ensure that all contractors, firms and other persons
performing work under this Agreed Order comply with the terms of this Agreed Order.
23.
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 Respondent pursuant to this Agreed Order,
shall not in any way relieve Respondent of its obligation to comply with the
requirements of its applicable permits or any applicable Federal or State law
or regulation.
24.
Complainant
does not, by his approval of this Agreed Order, warrant or aver in any manner
that Respondent’s compliance with any aspect of this Agreed Order will result
in compliance with the provisions of any permit, 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 Respondent may incur as a result of Respondent’s efforts to comply with this
Agreed Order.
25.
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, and hereby waives its right to, seek additional civil
penalties for the same violations specified in the Notice of Violation.
26.
Nothing
in this Agreed Order shall prevent IDEM (or anyone acting on its behalf) from communicating
with the United States Environmental Protection Agency (US EPA) or any other agency
or entity about any matters relating to this enforcement action. IDEM or anyone
acting on its behalf shall not be held liable for any costs or penalties Respondent
may incur as a result of such communications with the
US EPA or any other agency or entity.
27.
This
Agreed Order shall remain in effect until Respondent has complied with the
terms and conditions of this Agreed Order and IDEM issues a Resolution of Case
(close out) letter to Respondent.
REMAINDER OF PAGE INTENTIONALLY LEFT
BLANK.
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TECHNICAL
RECOMMENDATION: Department of
Environmental Management |
RESPONDENT:
General
Motors LLC – GPS Bedford |
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Amari Farren,
Chief |
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Water Enforcement
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Office of
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Date: |
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Date: |
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COUNSEL FOR
RESPONDENT: |
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By: |
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APPROVED AND
ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
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, 20__. |
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For the
Commissioner: |
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Signed on
September 18, 2023 |
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Martha
Clark Mettler |
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Assistant Commissioner |
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Office of Water
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