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-2121
)
)
CITY OF LIGONIER, )
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.
2. Respondent is the City of Ligonier (hereinafter referred to as "Respondent"), which owns
and operates a municipal wastewater treatment plant (POTW) , located in Ligonier,
Noble County, Indiana.
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over
the parties and subject matter of this action.
4. Respondent waives its right to issuance of a Notice of Violation and to the settlement
period of sixty (60) days as provided for by IC 13-30-3-3.
The City of Ligonier is authorized by National Pollutant Discharge Elimination System
Permit No. IN 0023582 (the Permit) to discharge from a municipal wastewater treatment
plant (POTW) located on Bridge Street in Ligonier, Indiana to receiving waters named
the Elkhart River in accordance with the effluent limitations, monitoring requirements,
and other conditions set forth in Parts I and II and Attachment A thereof. The Permit
was issued on July 28, 1992 and became effective on September 1, 1992 with an
expiration date of June 30, 1997. On April 30, 1997, a modification to the Permit was
issued. The POTW is a Class III, 1.5 mgd contact stabilization wastewater treatment
plant with a bar screen, 4 constant speed raw sewage pumps, an aerated grit tank, ferric
chloride addition, 6 primary clarifiers, 2 secondary clarifiers, an effluent metering flume,
a chlorine contact tank, a dechlorination and post-aeration tank, 2 anaerobic digesters,
and 7 sludge drying beds.
On August 22, 1990, IDEM issued Agreed Order, Cause B-1251 to the City of Ligonier
for violations of NPDES Permit No. IN 0023582, in operating the POTW at a hydraulic
level that exceeded the plant's design flow, and permit effluent violations. The terms
and conditions of Agreed Order, Cause No. B-1251 were complied with and the Agreed
Order was considered closed on February 3, 1993.
7. The City of Ligonier was sent a Warning of Noncompliance (WONC) letter on October
7, 1993 for violation of permit effluent limitations, combined Sewer Overflow
Monitoring Requirements, Operation and Maintenance (O&M) requirements, and failure
to enforce a Sewer Use Ordinance (SUO).
8. In response to the October 7, 1993 WONC, the City of Ligonier informed the IDEM
Office of Enforcement that major additions and rehabilitation to the wastewater treatment
plant had occurred during 1992. The City of Ligonier attributed the permit effluent
limitation violations to the fact that the construction activities had interfered with the
operation of the WWTP. A combined sewer overflow operational plan together with a
new Sewer Use Ordinance, that was anticipated to be adopted by the City Council, was
submitted to IDEM for comment and review. In order to address the O&M problems,
Ligonier was seeking full-time maintenance employees and also conducting repair and
replacement work at the pump stations.
9. The City of Ligonier was sent a WONC letter on November 7, 1994 for violation of
permit effluent limitations, failure to report E.coli results on the DMRs and MROs for a
number of months, and failure to submit the DMRs/MROs for the months of August and
September, 1994.
10. In a March 16, 1995 response, a detailed list of actions taken to address and correct the
problems identified in the WONC was submitted to the IDEM.
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.
12. 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;
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.
13. IC 13-30-2-1 requires, in substance, that a person may not 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.
Part II.A.5. of the Permit, states, in part, all waste collection, control, treatment, and
disposal facilities shall be operated in a manner consistent with the following:
at all times, all facilities shall be operated as efficiently as possible and in a manner
which will minimize upsets and discharges of excessive pollutants.
15. A record review for January, 1994 through February, 1997 indicates that the City of
Ligonier exceeded permit effluent limitations in violation of 327 IAC 2-1-6, 327 IAC 5-
2-8, IC 13-30-2-1 and the Permit for the following:
A.) Dissolved Oxygen for the months of:
1994 September
1995 August
1996 February, March
B.) Total Suspended Solids for the months of:
1994 January, April, May, June
1996 March, April, August, October, November
C.) Ammonia Nitrogen for the months of:
1994 February, March
1995 June
D.) Total Phosphorus and/or phosphorus, total percent removal for the months of:
1995 July
1996 February, March, October, November
1997 February, March, April
E.) E. coli for the months of:
1994 April, June, July, August
1995 May, June, August, October
1996 October
F.) Total Residual Chlorine for the months of:
1994 April, May, June, July, August, September, October
1995 April, May, June, July, August, September, October
1996 April, May, June, July, August, September, October
G.) Carbonaceous BOD for the months of:
1994 January
1996 February, March, April, May
A review of Facility Inspection Reports from inspections conducted on January 12, 1994,
April 25, 1994, February 10, 1995, March 28, 1995, December 18, 1996, and May 28,
1997 document ongoing areas of concern. In particular, Operations & Maintenance,
Pretreatment, Self-Monitoring Program, Sludge Disposal, Laboratory, and
Records/Reports have been consistently evaluated as "Marginal" on the inspection
reports. This is in violation of 327 IAC 5-2-8 and Part II.A.5. of the Permit.
On May 28,1997, a designated representative of IDEM's Office of Water Management
conducted an inspection of the POTW. It was documented that sewage had been running
over the biotowers into the City park and Little League baseball fields. The inspector
confirmed that poor maintenance resulted in the inability of the biotowers to turn the
distribution arms. This is in violation of 327 IAC 5-2-8 and Part II.A.5. of the Permit.
Part II.A.8., Solids Disposal, of the permit states,
Collected screenings, slurries, sludges, and other such pollutants shall be disposed
of in accordance with methods established in 329 IAC 2 and 327 IAC 6, or
another method approved by the Commissioner.
The permittee shall comply with existing federal regulations governing solids
disposal, and with applicable 40 CFR Part 503, the federal sludge disposal
regulation, standards when promulgated.
The permittee shall notify the Commissioner prior to any changes in sludge use or
disposal practices.
The permittee shall comply with the terms of Land Application Permit No. IN LA
000172.
327 IAC 6-2-6 states, in part, that
a. Characteristics of sludges, waste products, and wastewaters shall be monitored
and reported to the commissioner as required in a permit application form or a
permit. The results of analysis of such characteristics shall be reported on both a
wet weight and dry weight basis.
Information regarding application rates and site conditions shall be recorded daily by the permittee and reported annually by January 31, for the preceding calendar year to the commissioner on forms provided by the commissioner or as otherwise specified by the permit. Additionally, the permittee shall notify the commissioner of the cumulative application on a particular site if the most limiting "heavy" metal for the applied material is in a quantity equal to or greater than ninety
percent of the quantity specified in the appropriate table in either 327 IAC 6-3-
7(c) or 327 IAC 6-4-7(d) within thirty (30) days after that level is reached.
Part IV.2., Reporting Requirements, of Land Application Permit No. IN LA 000172
states, in part, an annual report to the Indiana Department of Environmental
Management,..., shall be submitted by the permittee by January 31 for the preceding
year. Said report shall include all pertinent information obtained daily and monthly as to
amounts, areas, and rates of land application, the intended use of land application site and
each laboratory analysis of the sludge obtained reported in both wet (mg/l) and dry
(mg/kg) weight.
On March 5, 1996, a letter was sent to the City of Ligonier, stating that Land Application
Permit No. IN LA 000172 was suspended, due to failure to submit annual reports for
1994 and 1995. The letter also stated that on April 7, 1995, a letter had been sent
requesting the 1994 annual report. No response to the April 7, 1995 letter was received.
Failure to submit land application annual reports by January 31 for the preceding
calendar year is in violation of 327 IAC 6-2-6 and the Land Application Permit.
On September 11, 1997, a meeting was held between designated representatives of the
City of Ligonier and the IDEM. During this meeting, it was determined that the annual
reports required by the land application permit had been submitted, however, the
information was deficient and the City of Ligonier had not submitted the missing
information to the IDEM. The missing information is as follows:
1994 No daily percent solids; no maps for any sites; Hursey-2 entered as 24 and
10 acres, permitted as 24 acres; no July analysis for Hursey-1; no August
analysis for Hursey-2.
1995 No cumulatives for Hursey-2; no maps for any sites; no daily percent
solids; no January, February, March, May, or June analysis; nitrogen
analysis reported is very high.
1996 Land application with suspended permit; no daily percent solids; exceeded
EPA limits for copper and molybdenum in February; exceeded EPA limits
for nickel in May; no nutrients for May; no June analysis; no analysis for
September 16-19.
This is in violation of 327 IAC 6-2-6 and Land Application Permit No. IN LA 000172.
327 IAC 6-2-1 states, in part, that a land application permit shall be required for the
disposal of any industrial, municipal, or semi-public sludge, waste product, and/or
wastewater by application upon or incorporation into the soil.
On August 9, 1996, a designated representative from IDEM's Office of Solid and
Hazardous Waste conducted an inspection at the Ligonier POTW and was informed that
the City of Ligonier had been land applying biosolids wastes on a regular basis in 1996.
As Land Application Permit No. IN LA 000172 had been suspended on March 5, 1996,
any land application after March 5, 1996 is in violation of 327 IAC 6-2-1.
In recognition of the settlement reached, Respondent waives any right to administrative
and judicial review of this Agreed Order.
Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall
submit to IDEM the missing information for the Land Application Permit Annual
Reports as identified in Paragraph 22 in the Findings of Fact.
3. 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 scheduled
items. The approved CP 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 for staying in compliance is
achieved.
D. Actions Respondent will take to assure consistent compliance with
Permit effluent limitation requirements.
Actions Respondent will take to assure consistent compliance with Land
Application Permit requirements.
Upon approval of the CP and subsequent completion of each of the scheduled work
items contained in the CP, the Respondent shall submit documentation within fifteen
(15) days of the completion of the item to the address in paragraph 5.
4. Upon completion of the CP, the Respondent shall be under a performance period
during which the Respondent shall maintain compliance with the Monthly Average
effluent limitations of its NPDES permit. The performance period will end after IDEM
serves notice that six (6) consecutive months of compliance with Monthly Average
effluent limitations have been achieved. The performance period may not extend
beyond twelve (12) months after completion of the CP. Should Respondent fail to
demonstrate six (6) consecutive months of compliance with monthly average effluent
limitations within twelve (12) months of completion of the CP, then IDEM may, at its
discretion, initiate an additional enforcement action.
5. All submittals required by this Agreed Order, unless notified otherwise in writing, shall
be sent to:
Section Chief, Water Enforcement
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
6. Respondent is assessed a civil penalty of Thirty-six Thousand Five Hundred Dollars
($36,500). 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.
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 Penalty
Paragraph 2 Failure to submit annual report
missing information $1,000 per week late
Paragraph 3 Failure to 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
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 46206-7060
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 this Agreed Order.
By: _________________________ By: _________________________
Mark Stanifer, Section Chief
Office of Enforcement Printed: ________________________
Title: ________________________
Date: _______________ Date: _______________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
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 ____________________, 1998.
FOR THE COMMISSIONER:
Signed December 7, 1998
David J. Hensel
Director
Office of Enforcement
Converted by Andrew Scriven