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-1278
)
)
TOWN OF GRANDVIEW, )
)
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 ("IDEM"), a department
of the State of Indiana created by IC 13-13-1-1.
2. Respondent is the Town of Grandview, which operates its municipal wastewater
treatment system located in Grandview, Spencer County, Indiana. The two-cell
Class I waste stabilization lagoon system is designed for 0.12 million gallons per
day and is authorized to discharge at Outfall 001 under the terms and conditions
of National Pollutant Discharge Elimination System (NPDES) permit No. IN
0038300.
3. The IDEM has jurisdiction over the parties and subject matter of this action.
4. Pursuant to IC 13-30-3-3 (formerly IC 13-7-11-2), IDEM issued a Notice of
Violation via Certified Mail on January 29, 1990, to:
Ms. Claudia Stuteville, President
Town Council of Grandview
P.O. Box 638
Grandview, Indiana 47615
5. Designated representatives of the IDEM conducted inspections of Respondent's
wastewater treatment facility on April 21, 1989, and September 18, 1989. Based
on the inspections and a record review, Respondent was found in violation of the
following provisions of the Indiana Code (IC) and the Indiana Administrative
Code (IAC).
6. 327 IAC 5-2-2 states, in part, that any discharge of pollutants into waters of the
state as a point source discharge, except for exclusions made in 327 IAC 5-2-4, is
prohibited unless in conformity with a valid NPDES permit obtained prior to the
discharge.
7. IC 13-30-2-1 (formerly IC 13-7-4-1) states, in part, that a person may not
discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any
contaminant ...., either alone or in combination with contaminants from other
sources, into the environment .... in any form that causes or would cause pollution
that violates or would violate rules, standards, or discharge or emission
requirements adopted by the appropriate board under the environmental
management laws.
IC 13-18-4-5 (formerly IC 13-1-3) states, in part, that it is unlawful for a 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 causes or
contributes to a polluted condition of any waters, as determined by a rule of the
board adopted under section 1 and 3 of this chapter.
The following conditions in 327 IAC 5-2-8 are included in Respondent's NPDES
permit No. IN 0038920:
a. The permittee must comply with all terms and conditions of the permit.
Any permit 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.
10. On April 21, 1989, IDEM field staff conducted an inspection of Respondent's
wastewater treatment facility. During the inspection it was determined the
Respondent allowed the discharge of lagoon effluent from an effluent pipe line
manhole to enter the wetland area east of the lagoons. Also, no flow meter was
in service for measurement of the volume of influent or effluent. The deficiency
in flow monitoring was also noted in the inspection on September 18, 1989.
Proper documentation of sampling was not being done as required by the NPDES
permit. Monthly reports of operation were not submitted as required by the
permit. Respondent's failure to document sampling, submit complete reports,
and accurately measure the flow of wastewater constitute violations of the NPDES
permit and 327 IAC 5-2-8. Respondent's unauthorized discharge to the wetland
area constitutes violation of the NPDES permit, 327 IAC 5-2-2, IC 13-30-2-1
(formerly IC 13-7-4-1), and IC 13-18-4-5 (formerly IC 13-1-3).
11. The IDEM record review of Respondent's 1990 evaluation of the factors involved
in the unauthorized discharge from effluent manholes east of the lagoon reveals
that the approximate 7000 feet of effluent pipe line from the lagoon to Outfall 001
was constructed with a diameter and slope that limits the volume per day it could
convey to the receiving stream. The attempt to release more volume per day than
the effluent pipe could carry resulted in the overflow from an effluent manhole.
12. The IDEM report of an inspection of the Grandview wastewater treatment facility,
dated June 1, 1998, reveals that the Respondent is currently in compliance with
sampling and reporting requirements of the NPDES permit. There was no
discharge from the lagoons at the time of the inspection.
13. The Respondent has recently used a temporary V-notch weir and Stevens head
recorder for effluent measurement. The Respondent must arrange for accurate
influent and effluent measurement, assure elimination of discharges from effluent
manholes to the wetlands east of the lagoons, and develop a plan to identify and
reduce the infiltration and inflow into its sanitary sewer system.
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 comply with all terms and conditions of its NPDES permit No.
IN 0038300 and applicable sections of the Indiana Code and the Indiana
Administrative Code.
Within ninety (90) days of the Effective Date of this Agreed Order, Respondent
shall develop and submit to IDEM a Work Plan for IDEM approval. The Plan
shall include Respondent's schedule for achieving accurate influent and effluent
monitoring, elimination of unauthorized discharge from manholes along the
lagoon effluent pipe, and identification and reduction of inflow and infiltration
sources in the municipal sewer system. Respondent shall respond within the time
frame of any requested revision of the Plan. Respondent shall implement the
approved Plan according to its milestone schedule.
All submittals required by this Agreed Order, unless notified otherwise in writing,
shall be sent to:
Paul Cluxton, Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
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 #3 Failure to submit Work Plan, make requested $500 per week late
revisions, or implement the approved Plan
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. 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:
IDEM Cashier
100 N. Senate Avenue
P.O. Box 7060
Indianapolis, Indiana 46207-7060.
8. In the event that any stipulated civil penalty amounts assessed by paragraph 5 are
not paid when due, Respondent shall pay interest on the unpaid, overdue balance
at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue
until the installment payments or 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. 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.
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. 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.
12. This Agreed Order shall remain in effect until Respondent has complied with all
terms and conditions of this Agreed Order and Complainant has issued a close-out
letter to Respondent.
TECHNICAL RECOMMENDATION RESPONDENT
By: _________________________ By: _________________________
Mark W. Stanifer, Chief Steve Haaff, President
Water Enforcement Section Town Council of Grandview
Office of Enforcement Date: _______________
Department of Environmental
Management
Date: _______________
COUNSEL FOR COMPLAINANT COUNSEL FOR RESPONDENT
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 _______________________, 1998.
For the Commissioner:
_signed January 21, 1999_
Felicia Robinson George
Assistant Commissioner of Enforcement
Converted by Andrew Scriven