STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
COMMISSIONER OF THE DEPARTMENT )
AGREED ORDER
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) CAUSE NO. B-2319
)
ALUMINUM COMPANY OF AMERICA, )
Lafayette Division )
)
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. Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order
does not constitute an admission of the violations contained herein.
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.
Respondent is Aluminum company of America (ALCOA), Lafayette Division
(hereinafter referred to as "Respondent"), who operates and owns an aluminum forming
facility in Lafayette, Tippecanoe County, Indiana.
The Indiana Department of Environmental Management ("IDEM") has jurisdiction over
the parties and subject matter of this action.
Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail on May
27, 1998, to:
Mr. Richard Melville
Aluminum Company of America
3131 Main Street
P.O. Box 7500
Lafayette, Indiana 47905
IC 13-30-2-1 states, in part, 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 or emission
requirements adopted by the appropriate board pursuant to this article.
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.
327 IAC 5-2-2 prohibits any discharge of pollutants into waters of the state as a point
source of discharge, unless in conformity with a valid NPDES Permit obtained prior to
the discharge.
On May 5, 1998, a milky white substance was found in Elliot Ditch and reported to
IDEM's Office of Emergency Response (OER) by the Tippecanoe County Emergency
Management Director, Steve Wettschurack. OER contacted the Indiana Department of
Natural Resources (IDNR) who sent a Conservation Officer (CO) to the site. The CO
investigated Elliot Ditch and observed stream pollution with a fish kill downstream from
approximately Brandy Lane and Concord Road in Lafayette. On May 6, an IDEM OER
responder together with the CO further investigated the spill in Elliot Ditch. This
investigation revealed that the spill appeared to originate from ALCOA's outfall, which is
located along Elliot Ditch. Live fish and no presence of the substance were observed
upstream from ALCOA's outfall. ALCOA was notified that their discharge from outfall
001 was believed to be the source of the spill. On May 7, 1998, ALCOA representatives
informed the IDEM OER responder that they had found a spill of hydraulic fluid which
had entered a storm drain that connects to outfall 001. ALCOA reported that the spill
was estimated at 100 gallons of hydraulic fluid at 100% concentration and was caused
due to employee error. The spill was discharged to Elliot Ditch via ALCOA's outfall
001, in violation of IC 13-30-2-1, 327 IAC 2-1-6(a)(1) and 327 IAC 5-2-2. The spill
resulted in a fish kill in Elliot Ditch of a total of 4,881 fish, as reported by IDNR.
Since the time of the incident the Respondent has taken the following measures to
prevent a similar occurrence in the future:
The hose used to fill the oil/water system has been eliminated.
All piping for the system has been re-run inside the bermed area of the oil/water
system.
c. An individual dedicated to operating the system has been provided.
d. Chemical feed lines have been locked out with only Alcoa supervision having the
key.
e. A log is maintained of chemical inventories and system additions.
f. Flow meters have been installed on the chemical feed lines.
g. The storm water catch basins, which received the spilled hydraulic material and
discharge to the storm sewer, have been filled with concrete.
In recognition of the settlement reached, Respondent waives any right to administrative
and judicial review of this Agreed Order.
II. ORDER
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.
The Respondent is hereby assessed a Civil Penalty of Twenty Two Thousand Dollars
($22,000). The Respondent has elected to perform and complete a Supplemental
Environmental Project (SEP) in lieu of payment of a portion of the civil penalty.
Contingent upon the approval by IDEM of the proposed SEP, the cash portion of the
Civil Penalty is Four Thousand Four Hundred Dollars ($4,400) which shall be paid
within thirty (30) days of the Effective Date of this Order.
The proposed SEP plan will be submitted, within thirty (30) days of the Effective Date of
this Order
, to the Office of Enforcement, IDEM, for approval. Upon receipt of
IDEM's written approval of the SEP, the Respondent will perform the SEP in
accordance with a mutually approved schedule contained in the approved SEP. The
Respondent will complete the SEP and submit documentation of costs incurred in
performing the SEP to IDEM for approval on or before November 1, 1999. Upon
completing of all the requirements contained in this paragraph on or before November
1, 1999, the remaining $17,600
of the civil penalty will be waived. Should the cost
incurred by the Respondent be less than the minimum amount as mutually agreed, then
the remaining amount shall be paid within thirty days of notification from IDEM
. OR
If the Respondent fails to complete the project by November 1, 1999, the entire balance
of civil penalty, plus interest on the unpaid balance at the rate established by IC 21-4.6-
1-101 from the Effective Date of this Order, shall be paid to the Environmental
Management Special Fund on or before December 1, 1999.
Civil 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
In the event that the cash portion of the civil penalty ($4,400) required by paragraph 2 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.
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.
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.
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.
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: ________________________
Nancy Holloran
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 4/26/99
___________________________
Felicia Robinson George
Assistant Commissioner of Enforcement
Converted by Andrew Scriven