We make Indiana a cleaner, healthier place to live.
Frank O'Bannon
100 North Senate AvenueGovernor P.O. Box 6015
Indianapolis, Indiana 46206-6015
Lori F. Kaplan
(317) 232-8603Commissioner (800) 451-6027
www.in.gov/idem
NOTICE OF VIOLATION
Via Certified Mail # _______________
To: The Honorable Gary M. Bailey, Mayor
City of Greensburg
City Hall
314 N. Michigan St.
Greensburg, Indiana 47240
Case No. 2001-11047-W
Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) and a recent record review, the City of Greensburg, as owner of, and NPDES permit holder for, the City of Greensburg municipal wastewater treatment plant (WWTP), located at 950 South Broadway in Greensburg, Decatur County, Indiana, is in violation of the following environmental statutes, rules and provisions of its NPDES permit No. IN 0020133 (the Permit):
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 5-2-2, 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.
Pursuant to 327 IAC 5-2-8(1) and Part II.A.1 of the Permit, the City of Greensburg is required to comply with all terms and conditions of its 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 of the Permit sets forth the final effluent limitations applicable to the discharge from Outfall 001.
Discharge Monitoring Reports, Monthly Reports of Operation, and letters submitted by the City of Greensburg to IDEM for the period from September 1999 through August 2001, reveal that the WWTP failed to meet final effluent limitations contained in Part I.A of the Permit as follows:
The weekly average (loading) effluent limitation for Total Ammonia Nitrogen was violated during June of 2001.
The monthly average (loading) effluent limitation for Total Ammonia Nitrogen was violated during June of 2001.
The monthly average (concentration) effluent limitation for Zinc was violated during June and July of 2001.
The monthly average (concentration) effluent limitation for Copper was violated during September of 1999, February of 2000, and March of 2001.
The monthly average (concentration) effluent limitation for Mercury was violated during August of 2001.
These failures to meet effluent limitations contained in the Permit are in violation of IC 13-30-2-1, 327 IAC 5-2-2, 327 IAC 5-2-8(1), Part II.A of the Permit, and Part I.A 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.
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.
To discuss this matter further, please contact Terry Ressler, case manager, at 317/232-8433 within fifteen (15) days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order will be prepared and sent for review and signature.
For the Commissioner:
Date: _______________ _Signed 2/7/02________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: U.S. E.P.A., Region 5
Decatur County Health Department