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-2142
)
TOWN OF BROOKLYN, )
)
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 Town of Brooklyn ( "Respondent"), who owns/operates the Brooklyn
Municipal Wastewater Treatment Plant located in Morgan County, Brooklyn, Indiana.
The Respondent operates a Class II, .24 MGD, extended aeration plant consisting of two
extended aeration package units with a recording flow meter, effluent chlorination and
dechlorination system facility which is currently authorized to discharge to White Lick
Creek, a water of the State, under National Pollutant Discharge Elimination System
(NPDES) Permit Number IN 0039772 (the "Permit"). The Permit authorizes such
discharge in accordance with stated effluent limitations, monitoring requirements and
other conditions.
3. The Indiana Department of Environmental Management (IDEM) has jurisdiction over the
parties and subject matter of this action.
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail on
February 27, 1998, to:
Ms. Sharon Meloche
Town Council President of Brooklyn
4 North Main Street
Brooklyn, Indiana 46111
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.
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:
1. The permittee must comply with all terms and conditions of the NPDES 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;
2. The permittee shall take all reasonable steps to minimize or correct any adverse
impact on the environment resulting from noncompliance with the permit;
3. 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;
4. 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.
Part II. A.1. 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."
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.
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.
The Permit IN 0039772 became effective on April 1, 1989, and had an expiration date of
January 31, 1994. The Respondent failed to submit an application for renewal of the
Permit within the required 180 days prior to the permit expiration date and therefore the
Permit expired on January 31, 1994. The Respondent submitted an application for
renewal of its NPDES Permit on December 9, 1996, and the Permit was reissued with an
effective date of September 1, 1997. Therefore, the Respondent operated its treatment
facility without a valid NPDES permit from January 31, 1994, to September 1, 1997.
Accordingly, for the period extending from January 31, 1994, to September 1, 1997, 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 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) 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:
1. that will settle to form putrescent or otherwise objectionable deposits;
2. that are in amounts sufficient to be unsightly or deleterious;
that produce color, odor or other conditions in such degree as to create a
nuisance;
4. which are in amounts sufficient to be acutely toxic to, or to otherwise severely
injure or kill aquatic life, other animals, plants, or humans;
5. 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 from October 1994, through August 1997, which indicated that the Respondent
was in violation of the Permit final limitations for:
1. Total Suspended Solids (TSS) for the months of March 1995, October
1995, June 1996, November 1996, January 1997, and February 1997;
2. Biochemical Oxygen Demand, five day (BOD5) for the month of June
1996; and
3. Total Residual Chlorine (TRC) for the months of June 1995, July, 1995,
April 1996, July 1996, August 1996, and October 1996.
327 IAC 2-1-6 as stated above, addresses water quality.
. . . dispose into any of the streams or waters of Indiana; or
2. cause, permit . . . or otherwise dispose 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 . . .
In addition, Part II.A.5. of the Permit states, in part, that all waste collection, control,
treatment, and disposal facilities shall be operated in a manner consistent with the
following:
1. 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.
2. the permittee shall provide an adequate operating staff which is duly qualified to
carry out the operation, maintenance, and testing functions required to ensure
compliance with the conditions of this permit.
Part I.8. of the Permit states that all records and information resulting from the
monitoring activities required by this permit, including all records of analyses performed
and calibration and maintenance of instrumentation and recording from continuous
monitoring instrumentation, shall be retained for a minimum of three (3) years.
The treatment facility description, as stated on page 2 of the Permit, states that Brooklyn
WWTP is operating a 0.24 MGD treatment plant and that the sewer system is 100%
separate sanitary by design with three lift station overflow points. Attachment A of the
Permit states that the overflow points identified below that are present in the sanitary
sewer system or in a sanitary portion of a combined sewer are expressly prohibited from
discharging at any time.
Church Street lift station, outfall 002;
Main Street lift station, outfall 003; and
School lift station, outfall 004.
The DMRs that were submitted for Brooklyn's WWTP illustrate that the monthly
average flow has exceeded the design capacity causing the collection system to
surcharge. In addition, the MROs state that the treated flow at the facility is over the
design capacity of the WWTP (.24 MGD) on numerous occasions. For example, it was
reported that from January 23 through January 29, 1997, and from February 28 through
March 4, 1997, that the treated flow per day exceed .370 MGD each day. On April 23,
1996, April 29, 1996, November 7, 1996, and November 25, 1996, a representative from
the town had reported unpermitted bypassing at lift stations and manholes.
On April 18, 1995, an IDEM representative conducted an inspection at Brooklyn's
WWTP and noted the following deficiencies:
Lift station only has one pump in Church Street lift station,
Excessive bypassing from Church Street lift station has occurred,
Comminutor is out of service,
No reports were available for review since November 1994, and
Representatives had not monitored bypasses.
On April 25, 1995, an IDEM representative conducted an inspection at Brooklyn's
WWTP and noted the following deficiencies:
The Church Street lift station alarm light is on during a bypass in process,
There is evidence of bypassing from the main lift station, and
No written notification was reported during the main lift station bypass.
On December 2, 1996, an IDEM representative conducted an inspection at Brooklyn's
WWTP and noted the following deficiencies:
The reports for September and October 1996, were not available,
Excessive I/I problems were causing bypassing during wet weather events, and
The drying beds need to be cleaned to allow additional sludge wasting from the
digesters.
The deficiencies noted above are violations of 327 IAC 2-1-6, 327 IAC 5-2-8, IC 13-30-
2-1, IC 13-18-4-5 and the Permit.
On March 3, 1998, IDEM representatives met with the Respondent and their contractors
to discuss the violations noted in the Notice of Violation. It was noted in the discussion
that the Respondent had submitted an NPDES permit application for the wastewater
treatment plant in December 1996, and was issued a permit on July 23, 1997. The
NPDES permit was effective on September 1, 1997.
In recognition of the settlement having been reached, Respondent waives any right to
administrative and judicial review of this Agreed Order.
2. Within forty five (45) days from the Effective Date of this Order, the Respondent shall submit to IDEM for its approval a Compliance Plan (CP) which addresses the deficiencies and violations noted herein. The CP is subject to the approval of IDEM. If the plan is deemed inadequate by IDEM, a revised plan shall be submitted within fifteen (15) days of receipt of notice from IDEM of the inadequacies thereof. If after submission of the revised document(s) IDEM still finds that 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 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. 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.
The CP shall include, but not be limited to, a schedule for completion of the following
items:
a. eliminate all wet weather and dry weather bypasses.
b. televise the necessary problem areas of the sanitary collection system,
including the Country Manor Estates Mobile Home Park.
Inspect all lift stations to ensure that all alarms and mechanical parts are
working correctly.
submit documentation that the storage capacity for the sludge drying beds
is adequate or submit plans to increase storage capacity; and
conduct a sewer rate study for all billing customers.
3. Respondent shall develop a Standard Operating Procedures (SOP) manual for each
operational unit of the WWTP. The SOP shall include Quality Assurance and Quality
Control measures for the treatment plant. A copy of the SOP manual shall be sent to
IDEM for approval within forty-five (45) days of the Effective Date. Upon approval by
IDEM, the Respondent shall implement the manual within fifteen (15) days of the
approval date.
4. Respondent shall develop a Preventive Maintenance (PM) manual which addresses, at a
minimum, necessary preventative maintenance at the WWTP, lift stations, and the
collection system. Respondent shall submit a copy of the PM manual to IDEM for
approval within forty-five (45) days of the Effective Date. Upon approval by IDEM, the
Respondent shall implement the PM manual within fifteen (15) days of the approval date.
Respondent shall develop and implement a public awareness/action program which
addresses illegal hook-ups such as down spouts, yard drains, sump pumps, and/or any
other source of extra flow. The program shall consist of a routine house inspection and a
brochure which explains the importance of eliminating these types of improper
connections.
All submittals required by this Agreed Order, unless notified otherwise in writing, shall
be sent to:
Mark Stanifer, Section Chief
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015, Room 1315
Indianapolis, IN 46206-6015
The Respondent is hereby assessed a Civil Penalty of Seven Thousand Two Hundred
Dollars ($7,200) for the violations noted in the Findings of Fact. Within thirty (30) days
of the Effective Date of the Agreed Order, the Respondent shall pay a cash penalty of
One Thousand Four Hundred Forty Dollars ($1,440) and submit the payment to the
Environmental Management Special Fund, as directed by paragraph 10. As to the
remaining Civil Penalty, Five Thousand Seven Hundred Sixty Dollars ($5,760), the
Respondent agrees to perform a Supplemental Environmental Project by donating $5,760
to the Waste Tire Fund. Within Thirty (30) days of the Effective Date, the Respondent
shall submit the SEP donation along with a cover letter which shall includes the
following information:
Indiana Department of Environmental Management
Waste Tire Fund
Cashier Office
Account No. 2640110000-435300
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46206-7060
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
$500 per week for each construction and/or
improvement milestone in the approved CP not met
within the specified dates.
Paragraph 4 $500 per week for late PM manual.
Paragraph 5 $500 per week for failure to develop and/or
implement the awareness program.
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.
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 46207-7060
In the event that the civil penalty required by paragraph 7 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.
12. 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.
13. 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.
14.. 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.
15. 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 A. Holloran, Attorney
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 on October 20, 1998
Felicia Robinson George
Assistant Commissioner of Enforcement
Office of Enforcement
Converted by Andrew Scriven