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. 2000-9046-W )
TOWN OF UNIONDALE, )
)
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.
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. Respondent is the Town of Uniondale (hereinafter referred to as "Respondent"), which owns and operates a municipal wastewater treatment plant located at the intersection of County Road 100 West and 550 North, Uniondale, Indiana and is authorized by NPDES Permit No. IN 0051098 (the Permit) to discharge from the wastewater treatment plant to receiving waters named the Wabash 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 April 25, 2000, IDEM issued a Notice of Violation via Certified Mail to:
Mr. Ronald Sliger, President
Town Council of Uniondale
P.O. Box 125
Uniondale, Indiana 46791
5. Pursuant to 327 IAC 5-2-8(1), Part I.A.1 of the Permit provides that the discharge from the wetlands wastewater treatment plant shall be limited and monitored by the permittee such that the concentration of E. coli is less than or equal to 235 count/100 ml for a daily maximum and the monthly average concentration is limited to 125 count/100 ml from April 1 through October 31 annually.
6. The Respondent reported exceedences of its daily maximum concentration limit for E. coli on April 13, April 20, June 15, July 7, and July 28, of 1998, and April 12, May 3, June 1, June 21, July 13, July 20, September 28, and October 26 of 1999. Additionally the Respondent reported exceedences of its monthly average concentration for E. coli for April and July of 1998, and April, June, July, August, September, and October of 1999.
7. The Respondent=s exceedences of its daily maximum and monthly average concentrations for E. coli are violations of Part I.A.1 of the Permit.
8. On August 10, 2000, the Respondent submitted a construction permit application for a Chlorination/Declorination System for the Uniondale wastewater treatment plant. On October 19, 2000, IDEM issued a construction permit for the Clorination/Declorination System. The purpose of the Clorination/Declorination System is to provide disinfection of the discharge for the Uniondale wastewater treatment plant so as to meet its E. coli discharge limitations contained in the Permit from April 1 through October 31 each year.
9. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.
II. ORDER
2. Respondent shall: A) begin installation of the Chlorination/Declorination System improvements by March 1, 2001; B) begin operation of improvements by April 1, 2001; and C) confirm compliance with permit effluent limitations by May 1, 2001.
3. Within 10 days of completion of each of the actions described in item 2 of this Order, the Respondent shall submit written notification of the action that was completed and the date of completion.
4. Beginning on May 1, 2001 and until the end of the 2001 disinfection season (October 31, 2001), the Respondent shall be under a Performance Period. During the Performance Period, the Respondent shall maintain substantial compliance (as determined by IDEM) with its Total Residual Chlorine at the End of Contact Tank, its Total Residual Chlorine at Final Discharge, and its E. coli limits contained in the Permit.
The Respondent will be liable for stipulated penalties for failure to comply with the requirements of the Performance Period. Upon completion of the Performance Period, the Respondent will submit a summary of its sample results from May 1, 2001 through October 31, 2001, for IDEM’s review. Should the Respondent fail to demonstrate substantial compliance (as determined by IDEM) with the above noted effluent limits during the Performance Period, then IDEM, at its discretion, may initiate an additional enforcement action for continuing violations.
5. 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, IGCN, Rm. 1315
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
6. The Respondent is assessed a Civil Penalty of One Thousand One Hundred Dollars ($1,100). 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. This penalty reflects a substantial discount by the IDEM based upon evidence submitted by the Respondent which adequately demonstrated inability to pay a penalty in the amount commensurate with the alleged violations.
7. 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
PenaltyParagraph 2: $500 per week for failure to A) begin installation of the Chlorination/Declorination System improvements by March 1, 2001; B) begin operation of improvements by April 1, 2001; and C) confirm compliance with permit effluent limitations by May 1, 2001.
Paragraph 3: $250 per week for failure to submit written notification of the action that was completed and the date of completion, within 10 days of completion of each of the actions described in item 3 of this Order, the Respondent shall.
Paragraph 4: $500 per month for failure to maintain substantial compliance (as determined by IDEM) with its Total Residual Chlorine at the End of Contact Tank, its Total Residual Chlorine at Final Discharge, and its E. coli limits contained in the Permit from May 1, 2001 until the end of the 2001 disinfection season (through October 31, 2001).
8. 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.
9. 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
10. In the event that the civil penalty required by paragraph 6 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.
11. 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.
12. 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.
13. 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.
14. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of paragraphs 2, 3, 4, and 6 of this Agreed Order.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management Town of Uniondale
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: ________________________
Sierra L. Cutts
Office of Legal Counsel
Department of Environmental Management
Date: _______________ Date: _______________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS ___________ DAY OF ______________________, 200__.
FOR THE COMMISSIONER:
__Signed 1/31/01___
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement