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-2005
)
ACCORD CAPITAL, INC. )
HIGHLANDER VILLAGE SUBDIVISION )
WASTEWATER TREATMENT PLANT )
)
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 Accord Capital, Inc., owner of Highlander Village Subdivision Wastewater
Treatment Plant, located in Galena, Floyd County, Indiana. The wastewater treatment
plant (WWTP) is located approximately one (1) mile East of Galena along U.S. 150 and
operates under NPDES Permit No. IN 0052019 (the "Permit").
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over
the parties and subject matter of this action.
5. Designated representatives of the Indiana Department of Environmental Management
(IDEM) conducted inspections and a record review of the WWTP on July 27, 1993,
December 12, 1994, February 20, 1995, February 21, 1995, March 3, 1995, November 6,
1995, January 5, 1996, January 22, 1996, July 1, 1996, and September 3, 1997. Based on
the inspections and record review Respondent was found in violation of the Indiana Code
(IC) and Indiana Administrative Code (IAC).
6. 327 IAC 2-4 requires, in substance, that a permittee submit Monthly Reports of Operation
(MROs) to the Commissioner. Such reports shall:
a. include flow measurements and waste characteristics;
b. be prepared by a certified wastewater treatment plant operator;
c. be submitted prior to the 28th day of the following month.
7. 327 IAC 5-2-8 requires, 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;
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.
8. 327 IAC 5-2-15 requires, in substance, that a permittee shall report to the commissioner,
using Discharge Monitoring Reports (DMRs), the results of any monitoring specified by
the permit.
9. Respondent has not submitted or has been late in submitting DMRs and/or MROs to
IDEM for the following periods in violation of 327 IAC 2-4, 327 IAC 5-2-15, 327 IAC 5-
2-8 and the Permit:
| NOT SUBMITTED | SUBMITTED LATE | ||
| MONTH | YEAR | MONTH | YEAR |
| January | 1994 | January | 1995 |
| February | 1994 | February | 1995 |
| March | 1994 | March | 1995 |
| April | 1994 | April | 1995 |
| May | 1994 | May | 1995 |
| June | 1994 | June | 1995 |
| July | 1994 | ||
| August | 1994 | ||
| September | 1994 | ||
| October | 1994 | ||
| November | 1994 | ||
| December | 1994 | ||
| July | 1995 | ||
| August | 1995 | ||
| September | 1995 | ||
| October | 1995 | ||
| November | 1995 | ||
| December | 1995 | ||
| January | 1996 | ||
| February | 1996 | ||
| March | 1996 | ||
| April | 1996 | ||
| May | 1996 | ||
| June | 1996 | ||
| July | 1996 | ||
| August | 1996 | ||
| September | 1996 | ||
| October | 1996 | ||
| November | 1996 | ||
| December | 1996 | ||
| January | 1997 | ||
| February | 1997 | ||
| Total Missing | 32 | Total Late | 6 |
10. IC 13-30-2-1 requires, in substance, that no person 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.
11. 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.
12. During inspections conducted on December 15, 1994, February 20, 1995, February 21,
1995, March 3, 1995, November 6, 1995, January 5, 1996, January 22, 1996, July 1,
1996, and September 3, 1997, substantial sludge deposits were observed in the receiving
stream, in violation of 327 IAC 2-1-6, 327 IAC 5-2-8, IC 13-30-2-1 and the Permit.
13. During the July 1, 1996 inspection, the IDEM representative observed that the entire
facility was septic and sludge continued to accumulate in the tributary and was being
discharged from the WWTP, in violation of 327 IAC 2-1-6, 327 IAC 5-2-8, IC 13-30-2-1,
and the Permit. The overall operation and maintenance of the WWTP also continued to
be unsatisfactory, in violation of the Permit.
14. Respondent has reported the following effluent violations for Total Residual Chlorine
(TRC) in violation of 327 IAC 5-2-8 and the Permit.
|
|
||
|
Limits |
Quality or Daily Minimum (0.5) | Concentration Daily Maximum (1.0) |
| Dates | ||
| 05/31/93 | 0.1 | |
| 04/30/95 | 0.2 | |
| 05/31/95 | 0.2 | |
| Violations | 3 | |
15. During inspections conducted on December 15, 1994, February 20, 1995, February 21,
1995, March 3, 1995, November 6, 1995, January 5, 1996, January 22, 1996, and
September 3, 1997, poor operation and maintenance (O&M) of the WWTP was
documented on inspection reports. Each of the above noted inspection reports showed
mostly "unsatisfactory" findings at Respondent's treatment plant, in violation of the
Permit. O&M deficiencies noted at the above inspections included, but were not limited
to:
a. inoperative flow meter and recorder;
b. sludge in the chlorine contact tank;
c. very thin mixed liquor;
d. floating sludge clumps in the secondary clarifier;
e. septic surge tank;
f. not using the sludge digester; and
g. not making records available at the time of inspections.
16.
On March 26, 1997, IDEM issued an "Imposition of Sewer Connection Ban" on
Respondent's WWTP, which was not appealed by the Respondent.
17. On August 26, 1997, the electrical power supply provided by the Harrison County
REMC, was turned off. As a result of this, the biological treatment organisms died and
the plant became septic. This resulted in untreated wastewater being discharged into the
receiving stream. The untreated wastewater passed through the facility into the receiving
stream, in violation of 327 IAC 2-1-6, 327 IAC 5-2-8, IC 13-30-2-1, and the Permit.
18.
On September 3, 1997, IDEM was notified about this discharge of untreated wastewater
and sent Emergency Response Section (ERS) staff to respond to the WWTP to assess the
environmental impact. It was determined that an emergency existed (Incident Number
9709015). The discharge of untreated wastewater necessitated the intervention of IDEM.
IDEM hired the Reynolds Operating Corporation (ROC) to take over operation of the
WWTP on September 3, 1997. ROC was hired by IDEM to stabilize the plant and
eliminate the emergency condition. Respondent acknowledges the intervention of IDEM
was appropriate and reasonable under the circumstances.
19.
On September 4, 1997, IDEM representatives and Respondent's attorney, David Mour,
negotiated the signing of a "Grant of Access to Facilitate Repairs to Sewage Treatment
Plant" by Respondent (Attachment A.). Respondent agreed to allow IDEM and ROC to
stabilize the emergency situation. In conjunction therewith, Respondent agreed to permit
IDEM and ROC to operate and maintain the facility for a temporary period in order to
stabilize the emergency situation.
20.
On October 1, 1997, IDEM made written notification via Telefax and certified mail to
Respondent and his attorney that the emergency condition had been eliminated at the
WWTP and all operation and maintenance responsibilities were being restored to
Respondent.
21.
On September 29, 1997, ROC provided IDEM with an itemized billing for services
rendered relating to the emergency conditions at the WWTP in the amount of Thirty-Six
Thousand Two Hundred Fifty-One Dollars and Seventeen Cents ($36,251.17). IDEM
paid this amount in full from the Hazardous Substance Response Trust Fund (HSRTF),
pursuant to IC 13-25-4. Respondent is now obligated to repay this amount to the HSRTF,
with interest accruing at the rate of 5.25% upon the Effective Date.
22.
On October 17, 1997, Respondent and ROC entered into a written operating agreement
(the "Agreement" and incorporated by reference to this Order as Attachment B.) that
"secure[s] the services of ROC in providing total utility management of the Treatment
Works for a period that will extend, subject to ROC's continued voluntary involvement, at
least as long as monies are owed to IDEM by Page."
23.
In recognition of the settlement reached, Respondent waives any right to administrative
and judicial review of this Agreed Order.
3. Respondent shall within thirty (30) days of the Effective Date of this Order provide
copies of all DMRs and/or MROs that have not been submitted to IDEM as of the
Effective Date of this Order. Respondent shall submit DMRs with available information.
In the event any monitoring information is not available, after a good faith effort to obtain
said data, the DMR shall be submitted with an explanation as to why said information is
not available.
4. All submittals required by this Agreed Order, unless notified otherwise in writing, shall
be sent to:
5. Respondent is assessed a civil penalty of Fifty Eight Thousand Six Hundred Ninety-Eight
Dollars ($58,698), of which the included sum of Thirteen Thousand One Hundred
Twenty-Five Dollars ($13,125) represents additional penalties for the violations described
in Paragraph I.17. of the Findings of Fact. Said penalty amount shall be paid to the
Environmental Management Special Fund in the following manner:
a. in accordance with the Operating Agreement provided said agreement is approved
by the IURC; or
b. within five (5) days in the event of disapproval of the Operating Agreement by
IURC.
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:
Violation Penalty
Paragraph 2 $500 per week for late submittal of
CP, revised CP, modified CP or
failure to complete any of the
scheduled milestones in the CP.
Paragraph 3 $500 per week late in submitting
missing DMRs and/or MROs.
7. 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 stipulated penalties pursuant to IC 13-30-4.
8. 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 46206-7060
9. In the event that the civil penalty required by paragraph 5 is not paid when due under the
applicable time frame specified in paragraph 5 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.
10.
Under the authority of IC 13-25-4-10, Respondent shall reimburse the Hazardous
Substance Response Trust Fund (HSRTF) in the amount of Thirty-Six Thousand Two
Hundred Fifty-One Dollars and Seventeen Cents ($36,251.17). This amount shall be
paid to the Hazardous Substance Response Trust Fund in the following manner:
a. in accordance with the Operating Agreement provided said agreement is approved
by the IURC; or
b. within five (5) days in the event of disapproval of the Operating Agreement by
IURC.
If the Operating Agreement is disapproved by the IURC, this amount shall be due and
payable to the HSRTF by the Respondent, with interest accruing at the rate of 5.25%
upon the Effective Date. The failure to reimburse the HSRTF according to the applicable
time frames contained in this paragraph shall subject Respondent's Highlander Village
Subdivision Wastewater Treatment Plant to a lien imposed by the State pursuant to IC 13-
25-4-11, and shall subject the Respondent to all other remedies available to the
Complainant to satisfy Respondent's obligation to the HSRTF.
12. In regard to the Sewer Ban described in Paragraph I.16. of the Findings of Fact, on or
after March 3, 1998, provided IDEM has six (6) consecutive months of the required flow
data from Respondent, Respondent may apply to IDEM to make additional connections
into its system, provided said additional connections do not cause the facility to use in
excess of 90% of its available capacity. Provided IDEM is satisfied the proposed
additional connections will not cause the facility to use in excess of 90% of its available
capacity, and provided the Respondent is in compliance with the terms of this Agreed
Order, said application will be approved by IDEM. This provision in no way shall be
deemed a waiver or release of the Sewer Ban described in Paragraph I.16. of the Findings
of Fact. Flow available to Respondent shall be based on the flow which occurs in the six
(6) month period preceding the month in which the application for additional connections
is made.
13. 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.
14. 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.
15. 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.
By: _________________________ By: _________________________
Mark Stanifer, Section Chief Daniel Page
Office of Enforcement Highlander Village WWTP
Title: ________________________
Date: _______________ Date: _______________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _________________________ By: ________________________
IDEM, Office of Legal Counsel
Date: _______________ Date: _______________
The execution and existence of this document is acknowledged by
REYNOLDS OPERATIONS CORP.
________________________
Stephen R. Tolliver, Sr.
President
Date: _______________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS 15th DAY OF JANUARY, 1998.
For the Commissioner:
___________________________
David J. Hensel
Director
Office of Enforcement
Converted by Andrew Scriven