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. 1999-8666-W or B-2504
)
Little Point Auto & Truck Stop, Inc.    )
)
)
)

    Respondent is the Little Point Auto & Truck Stop, Inc. (hereinafter referred to as "Respondent"), located at 9620 North Little Point Road, Morgan County, Stilesville, Indiana. The Little Point Auto & Truck Stop, Inc. has a .013 mgd Class I extended aeration wastewater treatment plant (WWTP) that is authorized by NPDES Permit No. IN 0025143 (the A permit @ ) to discharge to receiving waters named Mud Creek in accordance with effluent limitations, monitoring requirements, and other conditions set forth in the permit.

    The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.

    Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation on November 24, 1999, via Certified Mail to:

Mr. Cecil Koger, President & Registered Agent
Little Point Auto & Truck Stop, Inc.
9620 North Little Point Road
Stilesville, Indiana 46180

    Pursuant to 327 IAC 5-2-8(1), the permittee must comply with all terms and conditions of the NPDES permit (permit). 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 permittee non-compliance constitutes a violation of the Clean Water Act (CWA) and the Environmental Management Act (EMA) and is grounds for enforcement action.

6.    Pursuant to 327 IAC 5-2-8(8) and Part II.A.5. of the permit, the permittee shall at all times maintain in good working order and efficiently operate all facilities and systems (and related appurtenances) for collection and treatment that are installed or used by the permittee and necessary for achieving compliance with terms and conditions of the permit.

7.    Pursuant to 327 IAC 5-2-8(9) and (10), the permittee shall comply with monitoring, recording, and reporting requirements established in accordance with 327 IAC 5-2-13, 327 IAC 5-2-14, and 327 IAC 5-2-15.

8.    Pursuant to 327 IAC 5-2-13(1), and Part I.A.1., Part I.B.2. and Part I.B.3. of the permit, to assure compliance with permit terms and conditions, the permittee shall monitor, as required in the permit, the mass, concentration, or other measures specified in sections 11 and 11.1 of this rule, for each pollutant specified in the permit.

9.    Pursuant to Part I.B.2. of the permit, the permittee shall sample and have analyzed the influent and the wastewater from unit treatment processes, as well as, the final effluent for pollutants and operational parameters as specified by the applicable Monthly Report of Operation Form in accordance with 327 IAC 5-2-13.

10.    Pursuant to 327 IAC 5-2-14, and Part I.B.6. and Part I.B.8. of the permit, 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.

11.    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.

12.    Pursuant to IC 13-30-2-1, no person may 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 or into any publicly owned treatment works in any form which causes or would cause pollution which violates rules, standards, or discharge of emission requirements adopted by the appropriate board pursuant to this article.

    The IDEM, Office of Water Management (OWM) conducted inspections of the Respondent = s facility on January 22, 1997, February 18, 1998, December 1, 1998 and July 16, 1999. All four (4) inspections found the plant to be in disrepair. Items noted include; excessive sludge evident throughout the plant, ponds full of debris, and trash throughout the grounds. The failure to maintain the facility in good working order is in violation of 327 IAC 5-2-8(1); 327 IAC 5-2-8(8) and Part II.A.5. of the permit.

    The IDEM, OWM inspection conducted on December 1, 1998 found that the October 1998 Discharge Monitoring Report was not on file at the plant. The IDEM, OWM inspection on July 16, 1999 found that there were no maintenance records on file at the plant. The failure to maintain records of all monitoring information and monitoring activities is in violation of 327 IAC 5-2-14(a) and Part I.B.6. of the permit. The failure to retain records of monitoring activities and results at the facility for three (3) years is in violation of 327 IAC 5-2-14(b) and Part I.B.8. of the permit.

    The IDEM, OWM inspections conducted on January 22, 1997, February 18, 1998, December 1, 1998 and July 16, 1999 reported the absence of a flow meter and that flow measurements were not being reported. IDEM did not receive measurements for "in conduit or thru treatment plant" flow for February 28, 1997 through April 30, 1999 and IDEM did not receive measurements for "total" flow for July 31, 1998 through February 28, 1999. The failure to monitor and report flow is in violation of 327 IAC 5-2-13(1); 327 IAC 5-2-15 and Part I.A.1. and Part I.B.3. of the permit.

    The IDEM, OWM inspections conducted on January 22, 1997, February 18, 1998, December 1, 1998 and July 16, 1999 indicate that the Respondent has failed to monitor

the effluent limitations applicable to the discharge from outfall 001. Failure to monitor effluent limitations is in violation of 327 IAC 5-2-13(1) and Part I.A.1. of the permit.

    The IDEM, OWM inspections conducted on February 18, 1998, December 1, 1998 and July 16, 1999 indicate that the Respondent has failed to sample and analyze the influent, wastewater from unit treatment processes and final effluent as specified by the applicable Monthly Report of Operation (MRO). The failure to monitor as specified by the applicable MRO is in violation of 327 IAC 5-2-13 and Part I.B.2. of the permit.

    Respondent did not report results for Residual Chlorine for August 1998 and September 1998 in violation of 327 IAC 5-2-8(1); 327 IAC 5-2-15 and Part I.B.3. of the permit.

    Respondent did not report results for Dissolved Oxygen for August 1998 and September 1998 in violation of 327 IAC 5-2-8(1); 327 IAC 5-2-15 and Part I.B.3. of the permit.

    Based on the CBOD limit stated in Part I.A.1. of the permit, the Respondent exceeded the CBOD limit in July 1996, April 1998 and May 1998 in violation of IC 13-30-2-1; 327 IAC 5-2-8(1) and Part I.A.1. of the permit.

    Respondent has failed to submit to the IDEM, OWM reports as required by the Schedule of Compliance, Part I.D. of the permit from January 1, 1996 to July 31, 1998 in violation of 327 IAC 5-2-8(10) and Part I.D. of the permit.

    A Warning of Non Compliance letter was sent on May 27, 1998 by the IDEM, OWM, Compliance/Evaluation Section. A written response was received on June 9, 1998 in which the Respondent agreed that conditions at the plant were bad and that if Respondent kept the facility for a year that the intention was to build a new plant. IDEM, OWM inspections on December 1, 1998 and July 16, 1999 showed no steps being made to improve the condition of the plant.

    The IDEM, OWM received a correspondence from Respondent on December 15, 1998 referencing the December 1, 1998 OWM inspection. In this letter Respondent stated that

it was in the process of selling the property. Respondent also stated that if the sale did not take place that it was its intention to move the plant to the rear of the property. The July 16, 1999 OWM inspection showed no steps made to improve the condition of the plant.

    On January 26, 2000, a fire destroyed the Respondent's business. The Respondent intends to re-build with a new WWTP and therefore has agreed to close the existing WWTP.

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

5.    The Respondent shall terminate or modify NPDES Permit IN 0025143 or obtain a new NPDES Permit as required by 327 IAC 5-3-1.

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

Linda McClure, Case Manager, Office of Enforcement
Indiana Department of Environmental Management
100 North Senate Avenue
P.O. Box 6015
Indianapolis, Indiana 46206-6015

7.    Respondent is assessed a civil penalty of One Thousand Two Hundred and Sixteen Dollars ($1,216). 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        Failure to comply with permit sampling         $200/week
requirements or submittal of completed
DMR/MRO, raw sewage monitoring,
Dissolved Oxygen, Total Residual Chlorine

    Paragraph 3        Failure to submit written reports within 15        $200/week
days of completion of a milestone date.

9.    Stipulated penalties shall be due and payable within thirty (30) days after 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 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, 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. 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 until Respondent has complied with all terms and conditions of this Agreed Order.