A. Pursuant to 327 IAC 5-2-2, 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.

The Henryville Membership Sanitation Corporation WWTP NPDES Permit No. 0035521 (the Permit), was renewed on June 16, 1999, with an Effective Date of August 1, 1999. Pursuant to 327 IAC 5-2-8(1), under Part II.A.1 of the Permit, the Henryville Membership Sanitation Corporation is required to comply with all terms and conditions of the Permit. Any permit noncompliance, pursuant to 327 IAC 5-2-8, constitutes a violation of the Clean Water Act (CWA) and the Environmental Management Act (EMA) and the NPDES Permit.

Attachment A of the Permit states that the Henryville Membership Sanitation Corporation sewer system is separate storm and sanitary by design. Overflow or bypass points, identified in the Permit as Overflow 002 located at Railroad Street and HWY 160 E., that are present in the sanitary sewer system or at the wastewater treatment facility are expressly prohibited from discharging at any time. Should any discharge occur, the permittee is required to notify IDEM within 24 hours and in writing within five days of the event. Such discharge events are considered to be permit violations.

Pursuant to 327 IAC 5-2-8(11)(D)(i), under Part II.B.2.b of the Permit, bypasses are prohibited, and the Commissioner may take enforcement action against a permittee for bypass, unless:

From January 1, 1999 through February 10, 2001, unanticipated bypasses from the Henryville Membership Sanitation Corporation WWTP or overflows from a lift station and manholes of the sewer collection system have been reported to IDEM to have occurred during January 21, January 22, January 23, February 8, March 9, May 25, December 14, of 1999, and during January 3, January 4, February 13, February 14, February 18, March 16, April 17, November 14, November 15, December 15, of 2000, and February 9, and February 10 of 2001.

The above noted bypasses and overflows were reported as required by Part II.B.2.b of the Permit. However, the bypasses and overflows did not occur under provisions of Part II.B.2.b(1), (2), or (4) of the Permit. Therefore, the reported bypasses and overflows were prohibited and in violation of 327 IAC 5-2-2, the Permit, the CWA, and the EMA.

B. Pursuant to 327 IAC 5-2-8, under Part II.B.1.a. of the Permit, the Henryville Membership Sanitation Corporation is required to operate all waste collection, control, treatment, and disposal facilities in a manner such that, 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.

During inspections of the Henryville Membership Sanitation Corporation WWTP

by IDEM staff on January 12, 2000, November 14, 2000, January 16, 2001, and February 13, 2001, the Operation and Maintenance of the WWTP were evaluated as unsatisfactory. During the February 13, 2001 inspection, it was noted that the certified operator was not in supervision of the day to day operations of the lagoons. Therefore, the Henryville Membership Sanitation Corporation failed to operate its treatment plant and collection system as efficiently as possible and in a manner so as to minimize upsets and discharges of excessive pollutants, in violation of Part II.B.1.a. of the Permit.

C. Pursuant to 327 IAC 5-2-13, under Part I.B.2. and Part I.A.1. of the Permit, Henryville Membership Sanitation Corporation is required to install and maintain a stream flow gauging station upstream of the plant discharge point. Flow meters must also be present at both the influent and the effluent end of the wastewater treatment plant. The gauging station and the flow meters are required to be calibrated at least once annually and the resulting calibration curve or table sent to IDEM no later than October 1 of each year. Stream flow is required to be measured daily, and weekly and monthly averages are to be reported. Effluent flow is to be measured daily as 24-Hr. Total during periods of discharge and weekly and monthly averages are to be reported. The Monthly Report of Operation (MRO) provides that raw sewage influent flow is to be reported daily on the MRO.

During inspections of the Henryville Membership Sanitation Corporation WWTP by IDEM staff on April 6, 2000, October 26, 2000, November 14, 2000, January 16, 2001, and February 13, 2001, deficiencies were noted with the effluent flow meter and the stream gage. During the April 6, 2000 inspection the effluent flow meter did not provide instantaneous measurement. During the October 26, 2000 inspection neither the effluent flow meter nor the stream gage had been calibrated, and the plant had discharged without accurate measurement of the effluent flow or the stream flow. During the January 16, 2001 inspection the effluent flow meter was not functional and there was a discharge due to the old effluent gates leaking from Lagoons #1 and #2. During the February 13, 2001 inspection it was noted that the stream gage had not been calibrated and there was no record on site of calibration of the effluent flow meter. Therefore, as indicated by the above noted inspections, the Henryville Membership Sanitation Corporation failed to adequately maintain the effluent flow meter and accurately monitor flow, and failed to timely calibrate the effluent flow meter and stream gage, in violation of Part I.B.2 and Part I.A.1 of the Permit.

In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged

violator in writing that a violation may exist and offer 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.