STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
COMMISSIONER OF THE DEPARTMENT )
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. )CAUSE NO. B-2489 or 1999-4783-W
)
)
TOWN OF WHITESTOWN, )
RESPONDENT. )
)
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.
5.
Pursuant to 327 IAC 2-4-1, a 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 (MRO), which shall include flow measurements and
wastewater characteristics.
6. Pursuant to 327 IAC 5-2-15(a), a permittee must submit Discharge Monitoring Reports
(DMRs) and Monthly Reports of Operation (MROs) to the commissioner. Such reports
shall include flow measurements and waste characteristics.
7. Pursuant to 327 IAC 5-2-8(1), the conditions apply to all NPDES permits and shall be
incorporated into the permits either expressly or by reference. The permittee shall
comply with all terms and conditions of its NPDES permit; any permit non-compliance
constitutes a violation of the Clean Water Act (CWA) and the Environmental
Management Act (EMA) and is grounds for enforcement action.
7. Part I.B.3. of Permit IN 0020796 states, in part, the permittee shall submit monitoring
reports to the Indiana Department of Environmental Management containing results
obtained during the previous month and shall be postmarked no later than the 28th day of
the month following each completed monitoring period. These reports shall include, but
not be limited to, the Discharge Monitoring Report and the Monthly Report of Operation.
8. Pursuant to 327 IAC 5-2-14, any permittee required to monitor under 327 IAC 5-2-13
shall maintain records of all monitoring information and monitoring activities as set forth
in this rule.
9. Part I.A.1. of Permit IN 0020796 states, in part, the permittee shall take samples and
measurements to meet the effluent limitations and monitoring requirements at a location
representative of the discharge.
10. Part I.B.6. of Permit IN 0020796 states, in part, for each measurement or sample taken
pursuant to the requirements of this permit, the permittee shall record the following
information: a.) the exact place, date, and time of sampling; b.) the person(s) who
performed the sampling or measurements; c.) the dates the analyses were performed; d.)
the person(s) who performed the analyses; e.) the analytical techniques or methods used;
and f.) the results of all required analyses and measurements.
11. Part I.B.4.(b)(4) of Permit IN 0020796 states, in part, the 24-hour Composite Sample
consists of two (2) grab samples, one collected at a time representing the daily peak flow,
and the other sample collected at a time representing the average daily flow. The grab
samples for the composites shall be proportioned to flow.
12.
A review of records and inspection reports dated March 17, 1998, March 19, 1998, March
20, 1998, March 23, 1998, and January 27, 1999 documents that the Town of Whitestown
failed to submit the required monthly reports and failed to monitor as required
for
December 1997 and February through June 1998. This is in violation of 327 IAC 5-2-
15(a), 327 IAC 2-4-1, 327 IAC 5-2-8(1)
and of Permit IN 0020796.
13. A January 27, 1999 inspection report documents failure to maintain a sampling log in
violation of 217 IAC 5-2-14(a), 327 IAC 5-2-8(1) and Part I.B.6. of Permit IN 0020796.
14. On April 24, 1997, IDEM issued Agreed Order, Cause No. B-1787 to the Town of
Whitestown for violations which included: failure to submit monthly reports; failure to
meet NPDES permit effluent limitations; failure to properly operate and maintain its
facility; and denial of access to authorized IDEM representatives. The Agreed Order
included a requirement for the Town of Whitestown to submit and implement a
Compliance Plan to address and correct the identified areas of noncompliance. On
February 11, 1999, IDEM issued a Close Out Notification for Cause No. B-1787, as it
had been determined that the Town of Whitestown had complied with the terms of the
Agreed Order. However, a letter also dated February 11, 1999 advised the Town of
Whitestown that the non-existence of Discharge Monitoring Reports (DMRs) for the
months of December 1997 and February through June 1998 was still at issue as a basis
for a separate enforcement action.
15.
On November 8, 1999, a Settlement Conference was held during which designated
representatives of the Town of Whitestown and designated representatives of IDEM
discussed the issues and problems at the Whitestown POTW, as identified in the Notice
of Violation issued on October 14, 1999 and in an inspection conducted on September 30,
1999 (Attachment A). Whitestown informed IDEM that it had installed a flow meter and
is also implementing procedures to address and resolve operations and maintenance and
records/reports problems.
16. In recognition of the settlement reached, Respondent waives any right to administrative
and judicial review of this Agreed Order.
Paragraph 2 Failure to submit plan $500 per week late
8.
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.
9.
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.
10.
The 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.
11.
This Agreed Order shall remain in effect until Respondent has complied with all terms
and conditions of this Agreed Order.
By: _________________________ By: _________________________
Mark Stanifer, Section Chief
Office of Enforcement Printed: ________________________
Title: ________________________
Date: _______________ Date: _______________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _________________________ By: ________________________
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 May 1, 2000
Felicia A. Robinson
Assistant Commissioner of Enforcement
Converted by Andrew Scriven