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-2454
)
UTILITY CENTER, INC., )
dba AQUASOURCE )
)
)
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.
Respondent is Utility Center, Inc., dba AquaSource, (hereinafter referred to as
"Respondent"), which owns and operates two wastewater treatment plants (WWTP), the
Midwest plant and the Main Aboite plant.
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, on October 14, 1999, IDEM issued a Notice of Violation via
Certified Mail to:
Stephen R. Tolliver Sr.
Chief Operating Officer
AquaSource
1601 Greentree Court
Clarksville, IN 47129
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. that 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;
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. 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.
8. IC 13-18-4-5 states, in part, that it is unlawful for any person to throw, run, drain, or
otherwise dispose into any of the streams or waters of this 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, according to any rule of the board under section 7 of this chapter.
9. A record review for September 1996 through August 1999 indicates that Utility Center
Inc.-Main Aboite exceeded permit final effluent limitations in violation of 327 IAC 5-2-
8, IC 13-30-2-1 and the Permit for:
a.) Total Suspended Solids (TSS) for the months of December 1997; February, June,
July, December 1997; January, March 1998; and January, February, March 1999.
b.) Ammonia Nitrogen for the month of January 1999.
c.) E. coli for the months of September 1996; August, September 1997; April, May
1998; and May, June 1999.
d.) Total Residual Chlorine for the months of July, August, September, and October
1998.
e.) Carbonaceous Biochemical Oxygen Demand (CBOD5) for the months of
December 1996; January, March, May, July, August 1998; and January 1999.
10. A record review for September 1996 through August 1999 indicates that Utility Center
Inc.-Midwest exceeded permit final effluent limitations in violation of 327 IAC 5-2-8, IC
13-30-2-1 and the Permit for:
a.) Total Suspended Solids (TSS) for the months of February, May, July 1997;
August, September 1998; and January, February 1999.
b.) Ammonia Nitrogen for the months of May 1997 and August, September 1998.
c.) E. coli for the months of October 1996; April, May, July, September 1997; and
June, July, August, September, October 1998.
d.) Carbonaceous Biochemical Oxygen Demand (CBOD5) for the month of May
1997.
11. A records review from January 1, 1998 through September 13, 1999 of reported bypass
events at Utility Center, Inc.- Midwest documents that bypasses resulting in the discharge
of untreated wastewater occurred on 8 occasions in 1998 and on 6 occasions in 1999.
This is in violation of 327 IAC 5-2-8(11)(D) and Part II. A.7 of the Permit.
12. A records review from January 1, 1998 through September 13, 1999 of reported bypass
events at Utility Center, Inc.-Main Aboite documents that bypasses resulting in the
discharge of untreated wastewater occurred on 19 occasions in 1998 and on 66 occasions
in 1999. A review of Inspection Reports from May 9, 1997 through April 14, 1999
documents that problems with Inflow and Infiltration (I/I) and bypassing had been
consistently identified. This is in violation of 327 IAC 5-2-8(11)(D) and Part II. A.7 of
the Permit.
13. On January 23, 1992, IDEM issued an Agreed Order, Cause No. B-1391, requiring
correction of identified problems at the Main Aboite plant. Subsequent amendments to
the Agreed Order have been issued to address revised dates for completion of specific
actions. The latest amendment was adopted on August 14, 1997 and included dates for
the construction of a force main to the Midwest plant and the construction of sludge
handling facilities, both of which were to be completed by December 31, 1998. As this
deadline was not met, Respondent and IDEM negotiated a fourth Amendment to the
Agreed Order. As, Respondent was purchased by AquaSource in February 1999, the
fourth Amendment was not issued. The issuance of this Agreed Order for Cause No. B-
2454 will supercede any outstanding requirements in Cause No. B-1391.
14. In recognition of the settlement reached, Respondent waives any right to administrative
and judicial review of this Agreed Order.
B. A plan to maximize the efficiency of the existing treatment plants during
the interim period, until a final solution for staying in compliance is
achieved.
C. Actions Respondent will take to assure consistent compliance with Permit
effluent limitation requirements.
D Actions Respondent will take to address the bypass problems including:
identification of all bypass and overflow points; permit modification
request to include those points not included in the current NPDES permits;
plan for elimination of all Sanitary Sewer Overflow (SSO) discharge
events; plans to report all discharge events.
Actions Respondent will take to assure elimination of collection system I/I
problems.
A plan to assure that Respondent will be able to address anticipated
population growth in service area.
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 the completion of the
item to the address in paragraph 5. This documentation may be included with the
monthly report that Respondent will be submitting to IDEM and the Indiana Utility
Regulatory Commission (IURC).
Upon completion of the work items contained in 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.
In order to obtain construction permits for additional connections, AquaSource shall
submit a letter certifying treatment capacity for additional connections and documentation
of changes made to account for additional capacity and show compliance with the
milestone dates in the Agreed Order.
5. All submittals required by this Agreed Order, unless notified otherwise in writing, shall
be sent to:
Christina Sorensen
Water Enforcement Section
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P.O. Box 6015
Indianapolis, Indiana 46206-6015
As the violations occurred either before the AquaSource, Inc. assumed ownership of
Respondent or as a result of conditions that existed prior to the assumption of ownership,
the Respondent is not assessed a civil penalty for the violations referenced in this Agreed
Order.
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
revised compliance plan $1,000 per week late
Failure to meet completion dates
specified in approved compliance plan $1,000 per week late
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 civil penalties pursuant to IC 13-30-4.
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 46207-7060
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.
Upon the Effective Date of this Agreed Order, the Agreed Order and all subsequent
Amendments in Cause B-1391 are terminated and Cause B-1391 is closed.
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 ______________________, 1999.
FOR THE COMMISSIONER:
Signed 12/27/99
___________________________
Felicia A. Robinson
Assistant Commissioner of Enforcement
Converted by Andrew Scriven