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 ("IDEM"), a department of the State of Indiana created by IC 13-13-1-1.

2. Respondent is the Town of Staunton (hereinafter referred to as "Respondent"), which operates a publicly owned 0.1 MGD extended aeration sanitary sewage treatment system located at W. Columbus Street, Staunton, Indiana, in Clay County under the terms and conditions of NPDES permit No. IN0025224, renewed effective December 1, 1998.

3. The IDEM has jurisdiction over the parties and subject matter of this action.

4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:

Mr. William Andy Kirchner, President

Town Council of Staunton

P. O. Box 98

Staunton, Indiana 47881-0098

5. Pursuant to 327 IAC 5-2-8, your NPDES permit under Part II requires Respondent to do the following:

a. Comply with all terms and conditions of the permit.

b. Take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with the permit.

c. Allow the commissioner, or an authorized representative, to enter the premises and have access to records, inspect the premises or collect samples, at reasonable times and upon presentation of appropriate credentials.

d. At all times maintain in good working order and efficiently operate all facilities and systems (and related appurtenances) for collection and treatment which are necessary for achieving compliance with the terms and conditions of the permit.

e. Comply with the monitoring, recording, and reporting requirements established in 327 IAC 5-2-13, 327 IAC 5-2-14, and 327 IAC 5-2-15.

Failure to comply with any of these requirements, pursuant to 327 IAC 5-2-8, constitutes a violation of the Clean Water Act (CWA) and the Environmental Management Act (EMA) and the permit. Respondent failed to meet the permit limits established for Respondent=s facility in the NPDES Permit for Total Suspended Solids during March 1998 and April and June 1999, Biochemical Oxygen Demand (BOD) during June 1998 and January and April 1999, Dissolved Oxygen during May and June 1999, and Ammonia Nitrogen during April 1999, and properly maintain the sewage collection system and/or efficiently operate the equipment at Respondent=s facility pursuant to 327 IAC 5-2-8, in violation of the NPDES Permit.

6. Pursuant to 327 IAC 5-2-8(11)(D), and Respondent=s NPDES permit under Part II.B.2., bypassing is prohibited, and the Commissioner may take enforcement action against a permittee for bypass unless certain conditions are met. Numerous bypasses of the municipal wastewater treatment system have occurred in violation of the NPDES permit and 327 IAC 5-2-8(11)(D).

7. Indiana Code IC 13-18-4-5 provides, in part, that it is unlawful for any person to throw, run, drain, or otherwise dispose into any of the streams or waters of the state, or to cause, permit or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters any organic or inorganic matter that shall cause or contribute to a polluted condition of any waters. The bypasses of sewage, NPDES effluent violations, and the IDEM observation of sewage sludge in Sulfur Creek from the Town of Staunton sewage system on February 25, 1998, and March 1, 2000, constitute violations of IC 13-18-4-5.

1. Pursuant to 327 IAC 2-1-6(a):

(1) All 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:

(a) that will settle to form putrescent or otherwise objectionable deposits;

(b) that are in amounts sufficient to be unsightly or deleterious;

(c) that produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance;

(d) which are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants, or humans; and

(e) which 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.

(2) At all times, all waters outside of mixing zones shall be free of substances in concentrations which on the basis of available scientific data are believed to be sufficient to injure, be chronically toxic to, or be carcinogenic, mutagenic, or teratogenic to humans, animals, aquatic life, or plants.

The NPDES effluent violations, bypasses, and observation by IDEM on February 25, 1998, and March 1, 2000, of sewage sludge deposits from the Town of Staunton wastewater system in Sulfur Creek constitute violations of 327 IAC 2-1-6.

2. A Warning of Noncompliance was issued by IDEM to Respondent on May 29, 1997, noting the bypass flow was more than twice the volume of treated wastewater at the municipal wastewater plant during January, February and March 1997. A Sewer Ban Early Warning notice was issued by IDEM on April 2, 1998, for hydraulic overloading and bypassing. Another Warning of Noncompliance was issued by IDEM to Respondent on January 11, 1999, noting that Respondent bypassed in excess of 200 days during 1997 and 1998. During January through December 1999, Respondent reported bypassing occurred a total of 95 days. During April 17, 2000, to April 27, 2000, Respondent bypassed 1.8 million gallons from its sanitary sewer system. IDEM placed Respondent on a Sewer Ban on May 23, 2000.

3. In recognition of the settlement reached, Respondent 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 approved by the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.

2. Respondent shall comply with applicable sections of the Indiana Code and the Indiana Administrative Code referenced in the above Findings.

3. Within ninety (90) days of the Effective Date of this Agreed Order, Respondent shall develop and submit to IDEM, at the address in paragraph 4 of this Order, its Compliance Plan for IDEM approval. The Plan shall include Respondent=s schedule for the following items: identification, remediation and control of Inflow/Infiltration sources, hire a coordinator experienced in correcting I/I to direct the rehabilitation of the sanitary sewage collection system, return the lagoon part of the wastewater treatment system to the original design function of tertiary (polishing) treatment, improve wastewater treatment digester volume at the wastewater treatment plant, and actions to be taken to achieve compliance with all terms and conditions of its NPDES permit by a ACompliance Date.@ The CP is subject to the approval of IDEM. If the plan is deemed inadequate by IDEM, a revised CP shall be submitted within fifteen (15) days of receipt of notice from IDEM of the inadequacies thereof. If, after submission of the revised document, IDEM still finds the document to be inadequate, then IDEM will request further modification of the CP as necessary to meet IDEM=s requirements. If the subsequently submitted modification of the CP does not meet IDEM=s approval, IDEM will suggest specific modifications to be made to the CP and require re-submittal by a specific date. If the IDEM-suggested modifications are not incorporated into the CP by the Respondent (or an alternative plan is not submitted by the Respondent) by the specified date or are not approved by IDEM, the Respondent will be subject to stipulated penalties as described below. The Respondent, upon receipt of written notification from IDEM, shall immediately implement the approved plan and adhere to the milestone dates therein. The approved plan shall be incorporated into the Agreed Order and shall be deemed an enforceable part thereof. Respondent shall submit, to the IDEM Office of Enforcement at the address in paragraph 4 of this Order, documentation of completion of approved Compliance Plan milestones within ten (10) days after each milestone date.

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

Paul Cluxton, Case Manager, Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

5. Respondent is assessed a Civil Penalty of Two Thousand Four Hundred Dollars ($2,400). The Civil Penalty shall be paid in the following manner: Eight (8) equal quarterly payments of $300 each, due: October 30, 2000; January 30, 2001; April 30, 2001; July 30, 2001; October 30, 2001, January 30, 2002, April 30, 2002, July 30, 2002. Said penalty amounts shall be payable to the Environmental Management Special Fund and mailed to the address in Paragraph 8 of this Agreed Order.

6. 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:

1.

Office of Enforcement

Department of Environmental

Management

Date: _______________

Date: _______________

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 _______________________, 2000.

For the Commissioner:

___(signed 9/26/00)_______________

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement