VIA CERTIFIED MAIL:    __________________________

To:    Mr. Robert Tucker, President
    Town Council of Converse
    P.O. Box 473
    Converse, Indiana 46919
    

Based on the inspections and record reviews conducted by IDEM, the Respondent has been found in violation of the following provisions of the Indiana Code (IC), the Indiana Administrative Code (IAC) and the Permit:

    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(1) states, in substance, that the following condition applies to all NPDES permits and shall be incorporated into the permits either expressly or by reference:
        

    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 3-2-1 states, "No person shall cause or allow the construction, installation, or modification of any water pollution treatment/control facility or sanitary sewer, without a valid construction permit issued by the Commissioner."

    Part II.A.5. of the Permit states, "All waste collection, control, treatment, and disposal facilities shall be operated in a manner consistent with the following:
        a.    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.
        b.    the permittee shall provide an adequate operating staff which is duly qualified to carry out the operation, maintenance, and testing functions required to insure compliance with the conditions of this permit.
              maintenance of treatment facilities that results in degradation of effluent quality shall be scheduled during noncritical water quality periods and shall be carried out in a manner approved by the Commissioner".
    
    Attachment A of the Permit states, in part, "The Town of Converse sewer system is separate storm and sanitary by design. The manhole at the northeast corner of the WWTP is expressly prohibited from discharging at any time. Should any discharge occur, the permittee is required to notify the Office of Water Management, Enforcement Section within 24 hours and in writing within five days of the event. Such discharge events are considered to be permit violations."

A record review for March 1995 through October 1996 indicates that the Town of Converse was exceeding NPDES permit final effluent limitations for:

    1.    Total Suspended Solids (TSS) for eight (8) months from March 1995 to October 1997;

    2.    Biochemical Oxygen Demand, five day (BOD5) for the two (2) months of March 1995 and February 1997;

    3.    Ammonia Nitrogen, Total as Nitrogen, for five (5) months from January 1996 to February1997;

    4.    Dissolved Oxygen (DO) for five (5) months from May 1995 to June 1997; and

         Total Residual Chlorine (TRC) for twenty-one (21) months from April 1995 to October 1997.

The July 1, 1997, NPDES Facility Inspection Report of the Respondent's WWTP states, in part, the following:

    [The] polishing pond has been taken out of service and is currently being used as a sludge storage pond. IDEM was not notified [of the pond's change of use]. The pond needs to be returned to its original function.

    [The] grit removal sends grit directly into [the] aerobic digester. This is land applied and unacceptable. Grit, screenings etc. need to be collected and properly disposed.

    Flow meter calibration [is] overdue.

    [The] aeration tank has several dead spots around [the] outside [of the tank]. Aero-2's need to be put in place immediately.

    [The] facility must remove solids from the WWTP to reduce mixed liquor/suspended solids (MLSS). Microscopic evaluation indicates high filamentous bacteria which leads to poor settling etc.

    Laboratory equipment must be in a climate controlled environment. At the time of [the] visit [the] lab was 90°.

    [The] Town needs to hire/train a back-up operator. Testing has not been complete (3x weekly) for 1997.

    [The collection] system is separate sanitary/storm. In wet weather the manhole in the NE corner of [the] facility overflows into [Little Pipe] creek. This [overflow] is not checked regularly or documented. The Permit prohibits any flow from this manhole. In the event of flow, IDEM must be notified.

The Respondent has violated IC 13-30-21, 327 IAC 5-2-8(1) and Part II.A.1 of the Permit in that the Respondent exceeded NPDES final effluent limitations for TSS, BOD5, Ammonia Nitrogen, DO and TRC.

The Respondent has violated 327 IAC 3-2-1 in that the Respondent took the polishing pond out of service and began using it as a sludge storage pond, causing or allowing the modification of its water pollution treatment/control facility without a valid construction permit issued by the Commissioner.

The Respondent has violated Part II.A.5.a. of the Permit in that the Respondent did not operate its facility as efficiently as possible and in a manner which would minimize upsets and discharges of excessive pollutants as illustrated by grit being sent directly into the aerobic digester, the flow meter not being timely calibrated, the aeration tank having several dead spots, the need for solids removal, and the lack of effective climate control in the lab.

The Respondent has violated Part II.A.5.b. of the Permit in that the Respondent did not provide an adequate operating staff to carry out the operation, maintenance, and testing functions required to insure compliance with the conditions of its permit, as testing was not complete for 1997.

The Respondent has violated Attachment A of the Permit in that overflows occurred from the manhole at the northeast corner of the WWTP, which is expressly prohibited from discharging at any time, and the Respondent did not notify IDEM of these overflows.

In accordance with IC 13-30-3-3, the Commissioner is required to notify The Respondent in writing that he believes a violation exists and offer the Respondent 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 the Respondent's receipt of this Notice, the Commissioner may issue an Order pursuant to IC 13-30-3-4, containing the actions the Respondent must take to achieve compliance, the required time frames, and an 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 or the filing of a civil action under IC 13-14-2-6. Advantages of entering into an Agreed Order are:

    1.    The Respondent 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:

Date:_______________            __Signed 3/3/98____
                        David J. Hensel
                        Director
                        Office of Enforcement
                        
enclosure

cc:    Jim Filippini, Chief, Compliance Unit 2
        U.S. EPA, Region 5, Water Section
    Miami County Health Department

Converted by Andrew Scriven