STATE OF INDIANA    )        BEFORE THE INDIANA DEPARTMENT
                )    SS:    OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION    )

COMMISSIONER OF THE DEPARTMENT            )
OF ENVIRONMENTAL MANAGEMENT,            )
                                    )
        Complainant,                    )
                                    )
                 v.                        )CAUSE NO. 1999-4748-W Or B-2456
                                    )
MEADOW ACRES MOBILE HOME PARK,             )                                                 )
        Respondent.                        )
                                    )

2.    Respondent is Meadow Acres Mobile Home Park (the "Respondent"), which operates the Meadow Acres Mobile Home Park wastewater treatment plant (the "WWTP") and is authorized by its NPDES Permit No. IN 0053783 (the "Permit") to discharge to waters of the State from its outfall located at the confluence of Samuel Haines Ditch and Jonas Alspaugh Ditch thence to the Eel River in accordance with effluent limitations, monitoring requirements, and other conditions set forth in the Permit.

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, on July 23, 1999, IDEM issued a Notice of Violation under Cause No. B-2456 via Certified Mail to:

    Meadow Acres Mobile Home Park, Incorporated
    Mr. Danny D. Keaffaber, President and Resident Agent
    14975 State Road 13 North
    North Manchester, IN 46962

5.    327 IAC 5-2-8(1), and Part II.A.1. of the Permit require, in part, that the permittee must comply with all terms and conditions of the Permit.

6.    327 IAC 5-2-8(3) and (8) and Part II.B.1.a. of the Permit require, in part, that all waste collection, control, treatment, and disposal facilities, at all times, shall be operated as efficiently as possible and in a manner which will minimize upsets and discharges of excessive pollutants.

7.    327 IAC 2-4-1 states that every person, firm or corporation that operates a municipal, industrial, commercial or agricultural waste treatment plant control facility or discharges wastewaters to the waters of the state of Indiana shall submit to the commissioner monthly reports of operation, which shall include flow measurements and wastewater characteristics.

8.    327 IAC 5-2-15(a) states, in part, that permittees shall report to the commissioner, using discharge monitoring reports (DMR) and reports of operation, the results of any monitoring specified by the permit and as often as required by the permit.

9.    327 IAC 2-4-4, and 327 IAC 5-2-15(c) require that all required reports shall be prepared by the certified wastewater treatment plant operator, licensed under the provisions of IC 13-1-6. Part II.A.14 of the Permit states that the permittee shall have the waste treatment facilities under the direct supervision of an operator certified by the Commissioner as required by IC 13-18-11.

10.    327 IAC 5-2-13 contains the basic NPDES monitoring requirements. 327 IAC 5-2-15 provides that NPDES permittees shall report to the commissioner, using discharge monitoring reports as required by the permit.

11.    Part I.A.1 of the Permit states, in part, that flow measurement is required per 327 IAC 5- 2-13. In addition to the gauging stations, flow meters must be present at both influent and effluent end of the wastewater treatment plant. These gauging stations and the flow meters shall be calibrated at least once annually and the resulting calibration curve or table sent to IDEM no later that October 1 of each year.

12.    Part 1.B.1. of the Permit requires that samples and measurements taken as required by the Permit be representative of the volume and nature of the monitored discharge. Part I.B.2. of the Permit states that the raw influent and the wastewater from intermediate unit treatment processes, as well as the final effluent shall be sampled and analyzed for the pollutants and operational parameters specified by the applicable Monthly Report of Operation Form, as appropriate, in accordance with 327 IAC 5-2-13. Part II.C.2. of the Permit states that monitoring results shall be reported at the intervals and in the form specified in Part I.B.2.

13.    Part I.B.3. of the Permit states that the permittee shall submit monitoring reports to IDEM containing results obtained during the previous month and shall be postmarked no later than the 28th of the month following each completed monitoring period. The first report shall be submitted by the 28th day of the month following the month in which the permit becomes effective. These reports shall include, but not necessarily be limited to, the Discharge Monitoring Report and the Monthly Report of Operation.

14.    Part I.B.8. of the Permit requires that all records and information resulting from the monitoring activities required by the Permit be retained for a minimum of three (3) years. In cases where the original records are kept at another location, a copy of all such records shall be kept at the permitted facility.

15.    On February 20, 1997, IDEM staff conducted an inspection of the WWTP during which several areas of operations were evaluated as unsatisfactory, including the permit, the records and reports, the facility site review, the laboratory, the self-monitoring program, and the operation and maintenance. Additionally, it was noted that there was no certified operator. It was also observed that there was a discharge occurring of approximately 5 gallons per minute (.0072 million gallons per day).

16.    On March 23, 1998, IDEM staff conducted an inspection of the WWTP during which it was noted that there was no certified operator, no records were on site, no Discharge Monitoring Reports (DMRs) or Monthly Reports of Operation (MROs) had been submitted for some time, and there was no influent or effluent flow monitoring. Additionally, there was a stream gauging station downstream from the outfall while the Permit requires it to be upstream.

17.    On June 4, 1998, IDEM sent the Respondent a Warning of Noncompliance letter that requested that the Respondent submit missing DMRs and MROs, as well as any subsequent DMRs and MROs that may be due, along with an explanation as to why the monitoring reports had not been submitted in a timely manner. IDEM has no record of a written response to this letter. The Respondent did not submit DMRs and MROs until it submitted its monthly reports for March of 1999. A record review indicates that IDEM has not received DMRs or MROs from the Respondent for the months from December 1996 through February 1999.

18.    On March 8, 1999, IDEM staff conducted an inspection of the WWTP during which it was noted that there was a certified operator. However IDEM staff evaluated several areas of operation as unsatisfactory, including the flow measurement and the records and reports. It was noted that the evaluation was unsatisfactory.

19.    The above noted inspections conducted on February 20, 1997, March 23, 1998, and March 8, 1999, during which IDEM staff observed numerous unsatisfactory areas of operation, indicate that the Respondent has failed to operate the WWTP as efficiently as possible and in a

manner which will minimize upsets and discharges of excessive pollutants. Therefore the Respondent has violated 327 IAC 5-2-8(3) and (8) and Part II.B.1.a. of the Permit.

20.    The inspection reports indicate that the Respondent has failed to monitor and take representative samples of the raw influent, final effluent, and stream flow as required by the Permit in violation of Part I.A.1, Part I.B.1, Part I.B.2., and Part II.C.2. of the Permit, and 327 IAC 5-2-13. Additionally, the Respondent has failed to calibrate the flow meters and submit the resulting calibration information to IDEM in violation of Part I.A.1 of the Permit.

21.    The inspections conducted on February 20, 1997, and March 23, 1998, indicate that the Respondent has failed to operate the WWTP under the direct supervision of an certified operator in violation of Part II.A.14 of the Permit, and has failed to submit monthly reports prepared by a certified operator in violation of 327 IAC 2-4-4 and 327 IAC 5-2-15(c).

22.    The inspection reports indicate that the Respondent failed to retain records, or copies of those records, at the permitted facility for three years in violation of Part I.B.8. of the Permit.

23.    The inspection reports and the record review indicate that the Respondent has not submitted DMRs or MROs for the months from December 1996 through February 1999, which indicates that the Respondent has violated 327 IAC 2-4-1, 327 IAC 5-2-13, 327 IAC 5-2-15(a), and Part I.B.3. of the Permit.

24.    The above noted violations of the Permit and Indiana Administrative Code indicate that the Respondent has failed to comply with terms and conditions of the Permit and therefore has violated 327 IAC 5-2-8(1), and Part II.A.1. of the Permit.

25.    On October 19, 1999, the Respondent submitted a letter to IDEM to clarify the ownership and other issues contained in these "Findings of Fact". The letter stated, in substance, that Meadow Acres Mobile Home Park was owned by Meadow Acres Mobile Home Park, Inc. until 1994, when it was sold to another party. On September 7, 1995, Paul L. Martin and Donnabelle Martin received the property in trade for another property. In early 1996, Paul L. Martin was diagnosed with a serious medical condition and subsequently passed away on December 30, 1997. In February of 1998, Dan Keaffaber, the son in law of Paul and Donnabelle Martin, was also hospitalized with a serious illness. The Respondent stated in the letter that these events contributed to the delays and violations outlined in these "Findings of Fact".

26.    The Respondent included DMR's from July 1997 through December of 1998 with the October 19, 1999 submittal. These DMR's were not completed and were not signed. The Respondent stated in the October 19, 1999 submittal that the DMR's from January 1997 through June 1997 could not be located. Dan Keaffaber assumed official management duties of the facility in 1999, and a certified operator was hired in early 1999 to help make the necessary corrections and get the WWTP into proper order. The Respondent stated that they did not know that there was a discharge from the facility because they had the discharge valve sealed off with a

cover. The Respondent noted that they have received satisfactory inspection reports from IDEM inspections after March, 1999.

27.    The October 19, 1999, submittal also included a written response by the facility's certified operator that stated that he had taken over as certified operator at the facility effective March 1, 1999, and he has and will continue to operate the facility as efficiently as possible and minimize upsets and discharges of excessive pollutants. The response stated that, beginning March, 1999, all MROs and DMRs have and will continue to be completed and submitted as required by the Permit, except for the reporting of stream measurement flow. The Respondent has submitted a request to IDEM's Permit Section requesting a modification of their permit to allow the use of the existing stream flow measurement device. In May of 1999, a final effluent flow measurement device was install and calibrated and has been used as required by the Permit. Additionally, the certified operator stated that all records generated on March 1, 1999, and thereafter are available for review at the park supervisor's office and will be kept on file for a minimum of 3 years.

28.    In recognition of the settlement reached, the Respondent waives any right to administrative and judicial review of this Agreed Order.

2.    The Respondent shall assure that the WWTP is operated as efficiently as possible and in a manner which will minimize upsets and discharges of excessive pollutants as required by 327 IAC 5-2-8(3) and (8) and Part II.B.1.a. of the Permit.

3.    The Respondent shall monitor and take representative samples of the raw influent, final effluent, and stream flow as required by Part I.A.1, Part I.B.1, Part I.B.2., and Part II.C.2. of the Permit, and 327 IAC 5-2-13. Additionally, the Respondent shall assure that the flow meters are calibrated and shall submit the resulting calibration information to IDEM as required by Part I.A.1 of the Permit. On July 1, 1999, the Respondent submitted a request to IDEM's Permit Section to modify the Permit to allow use of the existing stream flow meter located downstream of the outfall. If the request is denied, then, within 30 days of notification of the denial, or as soon as weather conditions allow, the Respondent shall install and initiate use of the upstream flow meters.

4.    The Respondent shall operate the WWTP under the direct supervision of an certified operator as required by Part II.A.14 of the Permit, and shall assure that monthly reports are prepared by a certified operator as required by 327 IAC 2-4-4 and 327 IAC 5-2-15(c).

5.    The Respondent shall retain records, or copies of those records, at the permitted facility for three years as required by Part I.B.8. of the Permit.

6.    All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to Terry Ressler, Case Manager, Water Enforcement Section , Office of Enforcement, Indiana Department of Environmental Management, 100 N. Senate Avenue, P. O. Box 6015, Indianapolis, IN 46206-6015.

7.    The Respondent is assessed a civil penalty of Three Thousand, Eight Hundred, Ninety Dollars ($3,890). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order.

8.    In the event the following terms and conditions are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amounts:

         Violation                Penalty
    Paragraph 2:        $500 per week for failure to assure that the WWTP is operated as efficiently as possible and in a manner which will minimize upsets and discharges of excessive pollutants,

    Paragraph 3:        $500 per week for failure to monitor and take representative samples of the raw influent, final effluent, and stream flow, and
                $500 per week for failure to assure that the flow meters are calibrated, or for failure to submit the resulting calibration information or other related documentation to IDEM, and
                $500 per week for failure to install and initiate use of an upstream                 flow meter if required,

    Paragraph 4:        $500 per week for failure to operate the WWTP under the direct supervision of an certified operator and assure that monthly reports are prepared by a certified operator,

    Paragraph 5:        $500 per week for failure to retain records, or copies of those records, at the permitted facility for three years,

9.    Stipulated penalties shall be due and payable within thirty (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.

10.    Civil and stipulated penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Cause 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

11.    In the event that the civil penalty required by paragraph 7 is not paid within thirty (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.

12.    This Agreed Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, 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.

13.    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.

14.    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.

15.    This Agreed Order shall remain in effect for a period of two (2) years from the Effective Date of this Agreed Order and until IDEM issues a Resolution of Cause letter to the Respondent.

By:     _________________________        By:     _________________________
    Mark W. Stanifer, Section Chief
    Office of Enforcement            Printed: ________________________

                            Title:     ________________________

Date: _______________                Date:     _______________

COUNSEL FOR COMPLAINANT:        COUNSEL FOR RESPONDENT:
Department of Environmental Management

By: _________________________            By: ________________________
Nancy A. Holloran
Office of Legal Counsel                
Department of Environmental Management

Date: _______________                Date: _______________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 1999.

                            For the Commissioner:

                            __Signed 3/30/00_______
                            Felicia A. Robinson
                            Assistant Commissioner of Enforcement