STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT OF
) SS: ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
) CAUSE NO. B-2125
v. )
)
SUN COMMUNITIES and/or )
LIBERTY FARM LIMITED PARTNERSHIP )
d/b/a LIBERTY FARMS MOBILE HOME PARK, )
)
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 ("Complainant") of the Indiana Department of
Environmental Management (IDEM), a department of the State of Indiana created by IC
13-13-1-1.
2. The Respondent, Sun Communities, and/or Liberty Farm Limited Partnership
("Respondent") owns and operates the Liberty Farm Mobile Home Park (MHP)
wastewater treatment plant (WWTP) located in Porter County. The WWTP is a Class I
extended aeration facility which was authorized to discharge 60,000 gallons of treated
wastewater per day, through January 31, 1995, under National Pollutant Discharge
Elimination System (NPDES) Permit Number IN 0038709 ("Permit"). The Permit
authorizes such discharge in accordance with stated effluent limitations, monitoring
requirements and other conditions. Although the Permit has expired, the Respondent
continues the above-described discharge.
3. All Permit application forms and instructions have previously been provided to the
Respondent.
4. IDEM has jurisdiction over the parties and subject matter of this action.
5. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:
Mr. Jerry Jewel, Regional Manager
and
Liberty Farm Limited Partnership
Sun Communities Manager, Liberty Farms Mobile Home Park
31700 Middle Belt 76 East U.S. Highway 6
Farmington Hills, MI 48334 Valaparaiso, IN 46383
6. IC 13-30-2-1 states, 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.
7. 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. The permittee must comply with all terms and conditions of the NPDES permit.
Any permit noncompliance 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 installed or used by the permittee and 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. Part II. A. of the Permit states, in part, "All discharges authorized herein shall be
consistent with the terms and conditions of this permit. The discharge of any pollutant
more frequently than, or at a level in excess of, that identified and authorized by this
permit shall constitute a violation of the terms and conditions of this permit. Such a
violation may result in the imposition of civil and/or criminal penalties as provided for in
Chapter 13 of the Environmental Management Act."
9. A record review for January 1994 through January 1995 indicates that the Respondent
was in violation of NPDES permit final effluent limitations for:
a. Total Suspended Solids (TSS) for the month of August 1994;
b. Dissolved Oxygen (DO) for the month of July 1994;
c. Total Residual Chlorine (TRC) for the months of April, May, July, August,
September, and October, 1994;
d. Total Phosphorus, percent removal for the months of January and February 1994;
and
e. Total Ammonia, Nitrogen for the month of August 1994.
10. 327 IAC 5-3-2(a)(2) states, in substance, that persons currently discharging pollutants
under an existing NPDES permit shall submit a new application at least one hundred
eighty (180) days prior to the expiration date of the existing permit, unless a later date is
allowed by the Commissioner.
11. The Permit states that in order to receive authorization to discharge beyond the date of
expiration, the permittee shall submit such information and forms as are required by the
Indiana Department of Environmental Management no later than 180 days prior to the
date of expiration.
12. The Permit IN 0038709 became effective on April 1, 1990, and had an expiration date of
January 31, 1995. The Respondent failed to submit an application for renewal of the
permit within the required 180 days prior to the permit expiration date. Therefore, the
Respondent has been operating its treatment facility without a valid NPDES permit since
January 31, 1995. Accordingly, for the period extending from January 31, 1995 to the
present, the Respondent has been in violation of one, but not both, of the following
sets of standards:
IC 13-30-2-1 and 327 IAC 5-2-2 which state, in substance, that any discharge of
pollutants into the 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 discharge.
327 IAC 2-1-6(a)(1) which 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 degrees as to create a nuisance, be
unsightly, or otherwise impair the designated uses.
OR
327 IAC 5-2-8 and the Permit, as noted above. This violation is based on a records
review for January 1995 through January 1997, which indicated that the Respondent was
in violation of the Permit final limitations for:
a. Total Suspended Solids (TSS) for the months of October 1995, January, April
and May 1996;
b. Dissolved Oxygen (DO) for the months of March, April and August 1996;
c. Total Residual Chlorine (TRC) for the months of April, May, June and August
1995, April, July, and September 1996;
d. Total Ammonia, Nitrogen for the months of February, May, and November 1995,
January, February, March, April, May, August and October 1996; and
e. Biochemical Oxygen Demand, five day (BOD5) for the month of November
1995.
13. The Respondent has continued to have Operation and Maintenance (O&M) problems that
were noted in IDEM inspection reports, including November 30, 1995, May 28 and
October 23, 1996 and March 31, 1997. This is in violation of 327 IAC 5-2-8 and Part II.
A. 5 of the Permit.
14. The following areas were rated less than satisfactory on one or more of the listed
inspections:
a. Operation & Maintenance
b. Self-Monitoring Program
c. Sludge Disposal
A complete permit application for NPDES No. IN 0038709 was received September 22,
1997.
In recognition of the settlement reached, the Respondent waives any right to
administrative and judicial review of this Agreed Order.
Within ninety (90) days of the Effective Date of this Agreed Order, the Respondent shall
submit to IDEM for its approval a Compliance Plan (CP) which addresses the
deficiencies and violations noted herein. This plan shall include but not be limited to:
a. Operation and Maintenance (O&M) Manual for use in training operational
personnel and providing a Standard Operating Procedure (SOP) for effective
O&M of all of the treatment processes and equipment. The O&M Manual will
include design and use of log-sheet forms to document actual monitoring, process
control, and maintenance at the facility on a daily basis. The O&M Manual shall
also include requirements for ready availability of all needed information for on-
site inspection.
b. Compliance with effluent limitations, and terms and conditions of the
Respondent's NPDES permit issued April 1, 1990. The Respondent shall
develop and submit a plan for improving the performance of the treatment plant
so that the treated effluent complies with the effluent limitations contained in its
expired NPDES permit, and other terms and conditions of the Permit are met.
The plan shall assure that continuous compliance with those limitations, and
permit terms and conditions are achieved within six (6) months from the
Effective Date. If a new NPDES permit is issued, and becomes effective any
time during this period, the Respondent will then be bound by the limitations
contained in that permit.
c. Quality Assurance/ Quality Control (QA/QC) Laboratory Manual for use in
training operators and/or laboratory personnel and providing SOP's for accurate
sampling, analysis, reporting, and record keeping of all permit parameters.
d. Sludge Management Plan (SMP). This plan shall address the following factors
and shall specify appropriate management practices:
i. type(s) of wastes;
ii. amount(s) of wastes;
iii. method(s) of storage;
iv. method of digestion;
v. means of sludge disposal;
vi. plan for obtaining any necessary permits; and
vii. other pertinent factors, including a spill control plan and clean up of any
existing sludge spills.
The CP is subject to the approval of IDEM. If the plan is deemed inadequate by IDEM,
a revised CP shall be submitted within fifteen (15) days of receipt of notice from IDEM
of the inadequacies thereof. If after the submission of the revised document(s) IDEM
still finds the document(s) are inadequate, then IDEM may require further modification
of the CP as necessary to meet IDEM's requirements. If further modification does not
meet IDEM's approval, IDEM will suggest appropriate modification to be undertaken by
the Respondent within specified time frames. If such modification is not timely
undertaken or an alternative plan timely submitted by the Respondent is not approved by
IDEM, the Respondent will be liable for stipulated penalties. The Respondent, upon
written notification by IDEM, shall immediately implement the approved plan, including
the dates for completion of the schedule. The approved plan shall be incorporated into
the Agreed Order and shall be deemed an enforceable part thereof.
Subsequent to the six month period under the CP requirements of paragraph 2(b) above,
in the event the Respondent fails comply with the effluent limitations, terms and
conditions contained in its expired NPDES permit, Respondent shall be liable for
stipulated penalties. Such liability continues until the Effective date of the new permit.
The expired NPDES permit is included with this Agreed Order as Attachment A.
This Agreed Order, and compliance with its terms, shall resolve all issues which have
been raised in the Notice of Violation issued by Complainant to the Respondent as Cause
No. B-2125.
By entering into this Agreed Order, the Respondent agrees not to claim relief or seek any
remedies which may be otherwise available or specifically granted it under IC 13-15-4
upon its filing of a complete NPDES permit application with IDEM's Office of Water
Management.
All submittals required by this Agreed Order, unless the Respondent is notified otherwise
in writing, shall be sent to :
Terri Van Zant
Water Enforcement Section
Office of Enforcement, IGCN Room 1315
Indiana Department of Environmental Management
P.O. Box 6015
Indianapolis, Indiana 46206-6015
The Respondent is assessed a Civil Penalty of Three Thousand, One Hundred and Fifty
Dollars ($3,150). Said penalty amount shall be due and payable to the Environmental
Management Special Fund within thirty (30) days of the Effective Date of this 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
Paragraph 2 $200 per week CP is submitted late
Paragraph 3 $200 per week any subsequent submittal (if
necessary) is late, or milestone date is late in being
completed
Stipulated penalties shall be due and payable within thirty (30) days after the 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 any stipulated penalty given above, the Complainant may seek
any other remedies or sanctions available by virtue of the Respondent's violation of this
Agreed Order, or Indiana law, including but not limited to civil penalties pursuant to IC
13-30-4-1.
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, IDEM
100 N. Senate Avenue
P.O. Box 7060
Indianapolis, Indiana 46206-7060.
In the event that the civil penalty required by paragraph 8 is not paid within thirty (30)
days of the Effective Date of this Agreed Order the 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 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.
This Agreed Order is not and shall not be interpreted to be a Permit, or a modification of
an existing Permit, nor shall it in any way relieve the Respondent of its obligation to
comply with any applicable federal or state law or rule.
The Complainant does not, by its approval of this Agreed Order, warrant or aver in any
manner that the Respondent's compliance with any aspect of this Agreed Order will result
in compliance with the provisions of the Clean Water Act or state law.
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.
The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent
owners or successors before ownership rights are transferred. The Respondent shall by
contract require that all contractors, firms, and other persons acting for it comply with the
terms of this Agreed Order. This Agreed Order shall remain in effect until all of the
following events have been completed:
a. The Respondent has completed all of the requirements of paragraphs 3, 4, and 8
above.
b. A new NPDES permit has been issued by IDEM, and that permit becomes
effective.
c. IDEM issues a resolution of cause or "close out" letter to the Respondent in this cause.
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: ________________________
Ann Scholl Long
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 7/27/98
David J. Hensel
Director
Office of Enforcement
Converted by Andrew Scriven