STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT OF
COMMISSIONER OF THE DEPARTMENT )
) SS: ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) CAUSE NO. B-1887
)
)
YBMC CORPORATION, )
)
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.
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 YBMC Corporation, which owns and operates the Yogi Bear Jellystone
Park Wastewater Treatment Plant (WWTP), located in Pierceton, Kosciusko County,
Indiana.
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, IDEM issued a Notice of Violation on November 6, 1996 via
Certified Mail to:
Director of Environmental Affairs Mr. Larry Ladd, Registered Agent
YBMC Corporation YBMC Corporation
16152 Prarie Rose Ave. 1916 N. 850 E.
Goshen, Indiana 46526 Pierceton, Indiana 46562
5. 327 IAC 2-1-6(a)(1) states, in substance, that 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, 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.
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.
6. 327 IAC 5-2-8, states in substance, that the following conditions apply to all NPDES
permits and shall be incorporated into the permits either expressly or by reference:
a. A 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;
b. The permittee shall take all reasonable steps to minimize or correct any adverse
impact on the environment resulting from noncompliance with the permit;
c. 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 which are necessary for achieving compliance with the terms and
conditions of the permit; and
d. 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.
7. Part I.B.1. of the Permit states, in part, that the permittee is authorized to discharge from
Outfall 001 in accordance with the requirements that BOD5 is limited to 15 mg/l for
Weekly Average and 10 mg/l for Monthly Average.
8. The investigation by the IDEM of the discharge monitoring reports (DMRs) determined
that the Respondent has violated Part I.B.1. by exceeding the discharge limits for BOD5
from Outfall 001 for the following months in violation of 327 IAC 2-1-6 and 327 IAC 5-
2-8:
|
|
|||
| Monthly Average | Weekly Average | ||
| Permit Requirements | 10 mg/l | 15 mg/l | |
| Reported Quantities* | |||
| Month | Year | ||
| July | 1993 | 10.41 | 33.20 |
| August | 1993 | 17.65 | 52.2 |
| April | 1994 | 15.5 | 20.07 |
| May | 1994 | 9.88 | 15.22 |
| October | 1994 | 31.6 | 55.5 |
| May | 1996 | 7.5 | 16.1 |
| June | 1996 | 6.5 | 17.7 |
9. Part I.B.1 of the Permit states, in part, that the permittee is authorized to discharge from Outfall 001 in accordance with the requirements that Suspended Solids (TSS) is limited
to 6.3 lbs/day for Monthly Average, 15 mg/l for Weekly Average and 10 mg/l for
Monthly Average.
10. The investigation by the IDEM of the DMRs determined that the Respondent has
violated Part I.B.1. by exceeding the discharge limits for TSS from Outfall 001 for the
following months in violation of 327 IAC 2-1-6 and 327 IAC 5-2-8:
|
|
||||
| Quantity Monthly Average | Quality Monthly Average | Quality Weekly Average | ||
| Permit Requirements | 6.3 lbs/day | 10 mg/l | 15 mg/l | |
| Reported Quantities* | Highest Reported Volume | |||
| Month | Year | |||
| July | 1993 | 52.3 | 133.5 | 516.0 |
| August | 1993 | 27.1 | 147.7 | 554.0 |
| September | 1994 | 0.77 | 7.13 | 15.75 |
| October | 1994 | 0.18 | 89.4 | 165.0 |
| April | 1995 | 1.02 | 12.3 | 24.0 |
| May | 1995 | 6.68 | 14.7 | 42.4 |
| October | 1995 | 0.196 | 9.4 | 25.0 |
| April | 1996 | 1.5 | 8.2 | 16.0 |
| May | 1996 | 11.4 | 11.8 | 28.9 |
11. Part I.B.1 of the Permit requires that a chlorine residual (TRC) shall be maintained at a
concentration of at least 0.5 mg/l, but not to exceed 1.0 mg/l as measured at the effluent
end of the chlorine contact tank.
12. The investigation by the IDEM of the DMRs has determined that the Respondent has
violated Part I.B.1. of the Permit by exceeding one or more of the discharge limits for
TRC from the chlorine contact tank for the following months in violation of 327 IAC 2-
1-6 and 327 IAC 5-2-8:
|
|
|||
| Minimum | Maximum | ||
| Permit Requirements | 0.5 mg/l | 1.0 mg/l | |
| Reported Quantities* | |||
| Month | Year | ||
| May | 1992 | 0.2 | 3.5 |
| June | 1992 | 0.0 | 1.4 |
| July | 1992 | 0.3 | 1.0 |
| August | 1992 | 0.0 | 0.8 |
| September | 1992 | 0.3 | 0.7 |
| October | 1992 | 0.0 | 0.4 |
| April | 1993 | 0.0 | 0.7 |
| May | 1993 | 0.0 | 3.03 |
| June | 1993 | 0.06 | 2.11 |
| July | 1993 | 0.0 | 0.09 |
| August | 1993 | 0.0 | 0.20 |
| September | 1993 | 0.1 | 3.5 |
| October | 1993 | 0.0 | 0.06 |
| April | 1994 | 0.0 | 3.0 |
| May | 1994 | 0.2 | 1.0 |
| June | 1994 | 0.4 | 0.6 |
| July | 1994 | 0.3 | 0.6 |
| August | 1994 | 0.3 | 0.5 |
| September | 1994 | 0.0 | 0.2 |
| October | 1994 | 0.0 | 0.1 |
| April | 1995 | 0.04 | 3.67 |
| May | 1995 | 0.09 | 2.23 |
| June | 1995 | 0.26 | 3.67 |
| July | 1995 | 0.46 | 3.67 |
| September | 1995 | 0.01 | 3.67 |
| October | 1995 | 0.32 | 0.73 |
| April | 1996 | 0.5 | 1.3 |
| May | 1996 | 0.0 | 1.0 |
| June | 1996 | 0.5 | 1.2 |
| July | 1996 | 0.0 | 0.9 |
14. On November 29, 1994, it was noted during the inspection that no samples had been
taken for three (3) months. The inspection report also noted, that "many months, samples
were not taken for eight (8) to ten (10) days at a time, sometimes samples were only
taken three (3) times per month." This is in violation of the Permit requirements.
15. IC 13-18-11-14 requires, in substance, that water and wastewater treatment plants be
operated by a certified operator.
16. Part I.C. of the Permit, states, in part, that:
a. the facilities shall be operated as efficiently as possible and in a manner which
will minimize upsets and the discharge of excessive pollutants.
b. The permittee shall provide an adequate operating staff which is duly qualified to
carry out the operation, maintenance, and testing functions required to insure
compliance... the sewage treatment facilities shall be properly and efficiently
operated under the supervision of a certified wastewater treatment operator.
17. On November 29, 1994, it was noted during the inspection that the WWTP did not have
a certified operator for three (3) months, in violation of IC 13-18-11-14 and the Permit.
18. On December 10, 1996, Respondent communicated to the IDEM that a certified operator
had been employed during the three (3) month time period referenced in Paragraph 17.
19. In recognition of the settlement reached, Respondent waives any right to administrative
and judicial review of this Agreed Order.
1. This Agreed Order shall be effective ("Effective Date") when it is approved by the
Complainant or his delegate, and has been received by the Respondent. This Agreed
Order shall have no force or effect until the Effective Date.
2. Respondent shall submit to the IDEM for its approval a Compliance Plan (CP) that
addresses the deficiencies and violations noted herein. The CP is due within thirty (30)
days from the Effective Date of this Order. The CP is subject to approval of the
IDEM. If the plan is deemed inadequate by the IDEM, a revised plan shall be
submitted within fifteen (15) days of receipt of notice from the IDEM of the
inadequacies thereof. If after submission of the revised document(s), the IDEM still
finds that the document(s) are inadequate, then the IDEM may require further
modification of the CP as necessary to meet the IDEM's requirements. If further
modification does not meet the IDEM's approval, the IDEM will suggest appropriate
modification to be undertaken by Respondent within a specified timeframe. If such
modification is not timely undertaken or an alternative plan timely submitted by the
Respondent is not approved by the IDEM, the Respondent will be liable for stipulated
penalties. Respondent, upon written notification by the IDEM, shall immediately
implement the approved plan, including the dates for completion of the schedule. The
approved plan shall be incorporated into the Agreed Order and shall be deemed an
enforceable part thereof. The CP shall include, but not be limited to:
A. An Operations and Maintenance (O & M) Manual for the existing plant
that addresses inspections, scheduled maintenance and operations.
B. A Quality Assurance/Quality Control (QA/QC) Laboratory Manual, that
addresses all sampling and analytical procedures to assure compliance
with the requirements of the NPDES permit.
C. A plan to maximize the efficiency of the existing treatment plant during
the interim period, until a final solution is achieved.
Upon approval of the CP and subsequent completion of each of the scheduled work
items contained in the CP, the Respondent shall submit documentation of completion
within fifteen (15) days of the completion of the item to the address in paragraph 5.
3. All submittals required by this Agreed Order, unless notified otherwise in writing, shall
be sent to:
Water Enforcement Section Chief
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P.O. Box 7060
Indianapolis, Indiana 46206-7060.
4. Respondent is assessed a Civil Penalty of Five Thousand Five Hundred Twenty Dollars
($5,520). 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.
5. 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 timely submit compliance
plan or revised compliance plan $1,000 per week late
Failure to implement approved
compliance plan $1,000 per week late
Failure to meet completion dates
specified in approved compliance plan $1,000 per week late
6. 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 assessment of the stipulated penalty 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.
7. Civil and stipulated penalties are payable by check to the Environmental Management
Special Fund. Checks shall include the Cause Number (B-1887) of this action and shall
be mailed to:
Cashier
IDEM
100 N. Senate Avenue
P.O. Box 7060
Indianapolis, Indiana 46206-7060.
8. In the event that the civil penalty required by paragraph 4 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.
9. This Agreed Order shall apply to and be binding upon the Respondent, its officers,
directors, principals, agents, successors, subsidiaries, and assigns. The 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.
10. In the event that any terms of this 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.
11. 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 by
contract require that all contractors, firms, and other persons acting for it 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 this Agreed Order, and IDEM has sent a close out letter resolving this
cause.
By: _________________________ By: _________________________
Mark W. Stanifer, Chief
Water Enforcement Section
Office of Enforcement Date: _______________
Department of Environmental
Management
By: _________________________
Date: _______________ Date: _______________
LEGAL RECOMMENDATION COUNSEL FOR RESPONDENTS
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 25, 1999
Felicia Robinson George
Assistant Commissioner of the
Office of Enforcement
Converted by Andrew Scriven