NOTICE OF VIOLATION

 

 

Via Certified Mail# _______________ #____________________

To: Klaus W. Hemberger, Superintendent Don Tribbett, Attorney

Logansport Municipal Utilities Logansport Municipal Utilities

Utility Service Board Utility Service Board

601 East Broadway - Room 101 201 S. Third Street

Logansport, Indiana 46947-3186 Logansport, Indiana 46947

Case No. 2001-10379-W

Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), which included a record review, the Logansport Municipal Utilities Utility Service Board (LMU), as owner of and NPDES permit holder for the LMU Wastewater Treatment Plant (the "Site"), located at 1400 West Wabash Avenue, Logansport, Cass County, Indiana, is in violation of the following environmental statutes, rules and provisions of its NPDES Permit, No. IN0023604:

Pursuant to IC 13-30-2-1, 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 in any form that causes or would cause pollution that violates or would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws.

Pursuant to 327 IAC 5-2-8(1), LMU is required to comply with all terms and conditions of its NPDES Permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and IC 13 and is grounds for enforcement action.

Part I.A.1 of LMU’s NPDES Permit contains the final effluent limitations, effective as of December 1, 1996, applicable to the discharge from Outfall 001 to the Wabash River.

Discharge Monitoring Reports and Monthly Reports of Operation submitted by LMU to IDEM reveal that LMU failed to meet final effluent limitations contained in Part I.A.1 of its NPDES Permit as follows:

The weekly average concentration and monthly average concentration effluent limitations for Ammonia-nitrogen were violated during January and February 2001.

The weekly average concentration, weekly average loading, the monthly average concentration, and monthly average loading effluent limitations for Total Suspended Solids were violated during March through May 1999. The weekly average concentration and monthly average concentration effluent limits were violated during February and June 1999 and January and February 2000.

LMU’s failure to meet effluent limitations contained in its NPDES Permit is in violation of IC 13-30-2-1, 327 IAC 5-2-8(1), and Part I.A.2 of its NPDES 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.

Entering into an Agreed Order will prevent the issuance of a Notice and Order of the Commissioner under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-2-6. IDEM encourages settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.

If settlement is not reached within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken 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 for each violation.

 

 

 

 

 

 

 

 

 

 

 

 

Please contact Paul Cluxton at 317/232-8432 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter. If you are willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return it to the Office of Enforcement at the above address within the sixty (60) day settlement period.

 

For the Commissioner:

Date: _______________ _(Signed June 13, 2001)

Felicia A. Robinson

Assistant Commissioner of Enforcement

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Enclosure

cc: Paul Hartman, Certified Operator, Logansport Municipal Utilities

Richard Hettinger, Mayor

Cass County Health Department

Carol Staniec, U.S. EPA, Region V, Enforcement and Compliance Unit II

Darrell Schmidt, IBP, General Manager