VIA CERTIFIED MAIL:
NOTICE OF VIOLATION
To: Mr. Edward Hobson, Plant Manager
Cambridge Foods, Inc.
151 South Green Street
P.O. Box 267
Cambridge City, Indiana 47327
CAUSE NO. B-2248
Designated representatives of the Indiana Department of Environmental Management
(IDEM) have conducted a record review and inspections of Cambridge Foods, Inc. (formerly
known as Miller Dairy), located in Cambridge City, Wayne County, Indiana. The record review
and inspection reports indicate that you have violated the Industrial Wastewater Pretreatment
Permit, Cambridge City's Sewer Use Ordinance (SUO) and the following provisions of the
Indiana Administrative Code (IAC) and Indiana Code (IC).
Cambridge Foods, Inc. was issued Industrial Wastewater Pretreatment Permit No.
INP000114 (the Permit) on May 1, 1997. This permit is due to expire on February 28, 2002.
The Permit authorizes you to discharge, under the 327 IAC 5-15 permit program, and process
sanitary water from the industrial facility to the Western Wayne Regional Sewer
District(WWRSD) wastewater treatment plant located in Cambridge City, Wayne County, Indiana
to West Fork of the Whitewater River, in accordance with effluent limitations, monitoring
requirements, and other conditions set forth in the Permit.
Part II.A.1. of the Permit states, in part, that all discharges authorized herein shall be
consistent with the terms and conditions of this Permit. The discharge of any pollutant identified
in this Permit more frequently than or at a level in excess of that authorized shall constitute a
violation of the Permit.
Part II.A.6. of the Permit provides, in part, that the permittee shall take all reasonable steps to minimize any adverse impact to the sewage treatment plant resulting from the noncompliance with any effluent limitations specified in this Permit, including such accelerated or
additional monitoring necessary to determine the nature and impact of the noncomplying
discharge.
Article V. Section 3. of the SUO states, in part, that no person(s) shall discharge or cause
to be discharged any of the following described waters or wastes to any public sewers:
(c) any waters or wastes having a pH lower than six (6) or greater than nine (9), or
having any other corrosive property capable of causing damage or hazard to
structures, equipment, and personnel of the wastewater works.
(d) Solid or viscous substances in quantities or of such size capable of causing
obstruction to the flow in sewers, or other interference with the proper operation
of the wastewater facilities.
Article V. Section 4. of the SUO states, in part, that the following described substances,
materials, waters, or waste shall be limited in discharges to municipal systems in concentrations or
quantities which will not harm either the sewers, wastewater treatment process or equipment, will
not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb,
public property, or constitute a nuisance:
(c) wastewater from industrial plants containing floatable oils, fats, or grease.
(f) any water or wastes containing odor-producing substances exceeding limits which
may be established by the superintendent.
Part I.B.1. of the Permit provides that pollutants introduced into publicly owned treatment
works (POTWs) by any source of nondomestic wastewaters shall not pass through or interfere
with the operation or performance of the POTW.
Part I.A.1. Table 1 of the Permit requires, in part, that the following discharges shall be
limited and monitored by the permittee as specified below:
a. discharge from Outfall 001 is limited for Biochemical Oxygen Demand (BOD) to a
daily maximum discharge of 300 mg/l.
b. discharge from Outfall 001 is limited for Total Suspended Solids (TSS) to a daily
maximum discharge of 300 mg/l.
c. discharge from Outfall 001 shall be limited to a daily range for the discharge of pH
to 6-9 s.u.
Violations of 327 IAC 5-15, Article V. Sections 3 and 4 of the SUO and Part I. A.1.,
Table 1 and other provisions set forth in the Permit are evidenced by the following:
a. Cambridge Foods, Inc. has reported on Discharge Monitoring Reports (DMRs)
that BOD exceeded permit limits for six (6) months from April 1997 to September
1997:
Maximum Daily Concentration
BOD Limit Date Reported on DMRs
300 mg/L 4/30/97 3000 mg/l
Daily Maximum 5/31/97 3176 mg/l
6/30/97 1290 mg/l
7/31/97 4200 mg/l
8/31/97 4352 mg/l
9/30/97 3340 mg/l
b. Cambridge Foods, Inc. has reported on DMRs that TSS exceeded permit limits for
six (6) months from April 1997 to September 1997:
Maximum Daily Concentration
TSS Limit Date Reported on DMRs
300 mg/L 4/30/97 600 mg/l
Daily Maximum 5/31/97 977 mg/l
6/30/97 533 mg/l
7/31/97 1105 mg/l
8/31/97 2073 mg/l
9/30/97 1113 mg/l
c. Cambridge Foods, Inc. has reported on DMRs that pH exceeded permit limits for
six (6) months from April 1997 to September 1997:
Maximum Daily Concentration
pH Limit Date Reported on DMRs
6.0-9.0 s.u. 4/30/97 10.302 s.u.
Daily Maximum 5/31/97 9.719 s.u.
6/30/97 9.701 s.u.
7/31/97 9.012 s.u.
8/31/97 11.28 s.u.
9/30/97 10.043 s.u.
327 IAC 5-12-2(a)(1) requires that pollutants introduced into publicly owned treatment
works (POTWs) by any source of nondomestic wastewaters shall not pass through or interfere
with the operation or performance of the POTW.
On July 17, 1997, it was noted in the inspection report for WWRSD that the sludge
inventory was high at the plant, the dissolved oxygen (DO) was low and that Cambridge Foods,
Inc. was contributing to 300+ mg/l of BOD.
On September 24, 1997, the WWRSD submitted a letter to IDEM indicating the
following:
"The Western Wayne Regional Sewage District's treatment plant has violated all the
permit discharge parameters for ammonia, SS (suspended solids), and E. coli. The
violations are a result of shock loadings from Cambridge Foods, (Inc.). Cambridge Foods,
(Inc.) is in violation of several parameters of its pretreatment Permit."
As evidenced by the effluent violations, Cambridge Foods, Inc. has caused the pass
through and interference at the WWRSD. Therefore, Cambridge Foods, Inc. has been found in
violation of 327 IAC 5-12-2(a)(1), Cambridge City's SUO Article V. Section 3. and Part I.B.1. of
the Permit.
Part I.A.5. of the Permit requires that flow shall be monitored and recorded by a valid
flow-measurement device, not estimated.
Part I.C.1. of the Permit requires that samples and measurement taken as required herein
shall be representative of the volume and nature of the monitored discharge.
On August 7, 1997 and August 25, 1997, it was noted in the inspection reports that there
was no valid flow measurement device operating at the plant. Therefore, Cambridge Foods, Inc.
was in violation of Part I.A.5. and Part I.C.1. of the Permit.
327 IAC 5-15-9 and 10 state, in part, that the permittee shall record and report the results
of monitoring required under 327 IAC 5-2-13, 327 IAC 5-2-14 and 327 IAC 5-2-15.
327 IAC 5-2-13 states, in part, that to assure compliance with permit terms and
conditions, all permittees shall monitor, as required in the Permit, the following:
a. The mass, concentration, or other measures specified in sections 11 and 11.1 of
this rule, for each pollutant specified in the Permit.
b. The volume of wastewater flow at monitoring points specified in the Permit,
including the final effluent flow from each point source.
c. Other parameters and conditions as specifically required in the Permit.
327 IAC 5-2-14 requires, in part, that any permittee required to monitor under 327 IAC 5-
2-13 shall maintain records of all monitoring information and monitoring activities as set forth in
this rule.
327 IAC 5-2-15 states, in part, that permittees shall report to the Commissioner, using
Discharge Monitoring Reports (DMRs), the results of any monitoring specified by the Permit, by
the 28th day of the following month.
On August 7,1997, it was noted in the inspection report for Cambridge Foods, Inc. that
the data found in the sampling records were not complete. The samples were being taken for only
seven consecutive days of each month. Part I.A. of the Permit provides that samples are to be
taken on a daily basis. Therefore, the facility is in violation of Part I.C.1. of the Permit and 327
IAC 5-15-10.
A records review indicates that, to date, Cambridge Foods, Inc. has not submitted, to
IDEM, the required DMRs for October, November and December 1997. The DMRs are due in
this office by the 28th of each month. Therefore, the facility is in violation of Part I.C.1. of the
permit and 327 IAC 5-15-10.
In accordance with IC 13-30-3-3, the Commissioner is required to notify you in writing
that he believes a violation exists and offer you an opportunity to enter into an Agreed Order
providing for the actions required to correct the violations and for the payment of a civil penalty.
The Commissioner is not required to extend this offer for more than sixty (60) days.
If settlement is not reached within sixty (60) days of your receipt of this Notice, the
Commissioner may issue an Order pursuant to IC 13-30-3-4, containing the actions you must take
to achieve compliance, the required time frames, and appropriate civil penalty. Pursuant to IC 13-
30-4-1, the Commissioner may assess penalties of up to $25,000 per day of any violation.
The timely entry into an Agreed Order will prevent the necessity of an Order of the
Commissioner being issued under IC 13-30-3-4, or the filing of a civil court action under IC 13-
14-10 or IC 13-14-2-6. Advantages of entering into an Agreed Order are:
1) You may not be required to admit that any violation occurred.
2) The civil penalty may be less than that imposed under an Order of the Commissioner.
FOR THE COMMISSIONER:
Signed on 4/23/98
David J. Hensel
Director
Office of Enforcement
cc: Wayne County Health Department
Western Wayne Regional Sewer District
IDEM Website: http://www.ai.org/idem/
U.S. EPA Region 5, Water Section
Converted by Andrew Scriven