NOTICE OF VIOLATION



Mr. Paul Hildebrand, President

Town Council

Town of Milan

P.O. Box 86

Milan, Indiana 47031
 
 

Case No. 2002-11114-W

Based on an investigation conducted by designated representatives of the Indiana Department of Environmental Management ("IDEM"), the Town of Milan ("Milan"), as owner and operator of, and holder of a National Pollutant Discharge Elimination System ("NPDES") permit No. IN0023779 (the "Permit") for the Milan publicly owned treatment works ("POTW"), which includes a 100% sanitary sewer system and a wastewater treatment plant ("WWTP"), located at 313 E. Ellis Street, Milan, Ripley County, Indiana, has been found in violation of the following environmental rules and statutes, and its Permit:

  1. Pursuant to 327 IAC 5-2-8(1) and Part II.A.1 of the Permit, Milan is required to comply with all terms and conditions of the Permit. Any permit noncompliance constitutes a violation of the Clean Water Act and IC 13 and is grounds for enforcement action or permit termination, revocation and reissuance, modification, or denial of a permit renewal application.
Pursuant to Part I.A.1 of the Permit, Milan is required to comply with effluent limitations contained in Part I.A.1 of the Permit.

Pursuant to IC 13-30-2-1(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.

Discharge Monitoring Reports ("DMRs") and Monthly Reports of Operation ("MROs") submitted by Milan for the period from May 2000 to December 2002, reveal that Milan failed to comply with the effluent limitations contained in Part I.A.1 of the Permit as follows:
    1. The monthly average loading effluent limitation for total suspended solids ("TSS") was violated during January 2001, and January, March, and May 2002.


      2. The weekly average loading effluent limitation for TSS was violated during January, February, June, July, October and December 2001, and January, March, April, May, and June 2002.

      The weekly average concentration effluent limitation for TSS was violated during January 2001.

    2. The monthly average loading effluent limitation for total ammonia as nitrogen ("Ammonia") was violated during June, July, September, October, and December 2001, and January, February, March, April, May, and June 2002.


      3. The weekly average loading effluent limitation for Ammonia was violated during June, July, September, October, and December 2001, and January, February, March, April, and June 2002.

      The monthly average concentration effluent limitation for Ammonia was violated during October 2001.

      The weekly average concentration effluent limitation for Ammonia was violated during May 2001 and July 2002.

    3. The daily maximum effluent limitation for total residual chlorine ("TRC"), at the contact tank, was violated during May, July, August, and September 2000, and June 2001.


      4. The daily minimum effluent limitation for TRC, at the final effluent, was violated during May, July, August, and September 2000.

    4. The monthly average loading effluent limitation for carbonaceous biological oxygen demand ("CBOD5") was violated during June, July, and September 2001, and March, April, and June 2002.
The weekly average loading effluent limitation for CBOD5 was violated during June, July, and September 2001, and March, April, and May 2002.

The monthly average concentration effluent limitation for CBOD5 was violated during September 2001 and March 2002.

 Milan's failure to comply with effluent limitations contained in the Permit is in violation of 327 IAC 5-2-8(1), Part II.A.1 of the Permit, Part I.A.1 of the Permit, and IC 13-30-2-1.
  1. Pursuant to 327 IAC 5-2-8(1) and Part II.A.1 of the Permit, Milan is required to comply with all terms and conditions of the Permit. Any permit noncompliance constitutes a violation of the Clean Water Act and IC 13 and is grounds for enforcement action or permit termination, revocation and reissuance, modification, or denial of a permit renewal application.


    2. Pursuant to 327 IAC 5-2-15(a) and Part I.B.3 of the Permit, Milan is required to submit monitoring reports to IDEM containing results obtained during the previous month, postmarked no later than the 28th day of the month following each completed monitoring period. These reports are to include, but not necessarily be limited to, the discharge monitoring report ("DMRs") and monthly report of operation ("MROs").

    A review of records indicates that for a period of June 1999 through September 2001, Milan failed to timely submit DMRs and MROs for the following months:

    May, June, July, August, September, October, November and December 2000; and

    January, February, March, April, May, June, July, August, and September 2001.

    Milan's failure to timely submit DMRs and MROs is in violation of 327 IAC 5-2-8(1), Part II.A.1 of the Permit, 327 IAC 5-2-15(a), and Part I.B.3 of the Permit.

  2. Pursuant to 327 IAC 2-1-6(a)(1), all waters at all times and at all places, including the mixing zone, shall meet the minimum conditions of being free from substances, materials, floating debris, oil or scum attributable to municipal, industrial, agricultural, and other land use practices, or other discharges:
    1. that will settle to form putrescent or otherwise objectionable deposits;
    2. that are in amounts sufficient to be unsightly or deleterious;
    3. that produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance;
    4. which are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants, or humans; and
    5. which are in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such degree as to create a nuisance, be unsightly or other wise impair the designated uses.
Pursuant to IC 13-30-2-1(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 IC 13-18-4-5, it is unlawful for any person to throw, run, drain, or otherwise dispose into any of the streams or waters of Indiana; or cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters; any organic or inorganic matter that causes or contributes to a polluted condition of any waters, as determined by a rule of the board adopted under IC 13-18-4-1 and IC 13-18-4-3.

IDEM's inspections on March 8, 1999, September 2000 and July 18, 2001, and IDEM's records revealed the occurrence of discharges of untreated wastewater from Milan's sanitary sewer system into a tributary of South Hogan Creek, waters of the state, that settled to form putrescent or otherwise objectionable deposits, and/or that were in amounts sufficient to be unsightly or deleterious, and/or that produced color or odor, in violation of 327 IAC 2-1-6(a)(1), IC 13-18-4-5, and IC 13-30-2-1(1).
  1. Pursuant to 327 IAC 5-2-8(1) and Part II.A.1 of the Permit, Milan is required to comply with all terms and conditions of the Permit. Any permit noncompliance constitutes a violation of the Clean Water Act and IC 13 and is grounds for enforcement action or permit termination, revocation and reissuance, modification, or denial of a permit renewal application.


    2. Pursuant to Attachment "A" of the Permit, the sanitary sewer system overflow points identified in Attachment "A" of the Permit (designated as Outfalls 003, 004, and 005) are expressly prohibited from discharging at any time.

    IDEM's records indicate that for the period between May 2000 and December 2002, Milan reported the occurrence of 160 discharges from Outfall 003 and/or 004 and/or 005, in violation of 327 IAC 5-2-8(1), Part II.A.1 of the Permit, and Attachment "A" of the Permit.

  2. Pursuant to 327 IAC 5-2-8(1) and Part II.A.1 of the Permit, Milan is required to comply with all terms and conditions of the Permit. Any permit noncompliance constitutes a violation of the Clean Water Act and IC 13 and is grounds for enforcement action or permit termination, revocation and reissuance, modification, or denial of a permit renewal application.
Pursuant to 327 IAC 5-2-8(11) and Part II.B.2.c of the Permit, the WWTP bypass point identified in the Permit (designated as Outfall 002) is expressly prohibited from discharging, unless the following criteria are met:
    1. Bypass is unavoidable to prevent loss of life, personal injury or severe property damage;
    2. There are no feasible alternatives to bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment down-time; and
    3. Milan submits notice of an unanticipated bypass to the Commissioner within twenty-four (24) hours of becoming aware of the bypass. If this information is provided orally, a written report must be provided within five (5) days of such diversion or bypass.
IDEM's records indicate that for a period between May 2000 and December 2002, Milan reported the occurrence of 106 discharges from Outfall 002. Milan failed to demonstrate that such bypasses were unavoidable to prevent loss of life, personal injury or severe property damage and/or failed to demonstrate that there were no feasible alternatives to the bypasses. Therefore, these discharge events constituted prohibited bypasses, in violation of 327 IAC 5-2-8(1), Part II.A.1 of the Permit, 327 IAC 5-2-8(11), and Part II.B.2.c of the Permit.

F. 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 discharge.

IDEM's records indicate that for a period between May 2000 and December 2002, Milan reported the occurrence of 266 discharges of untreated wastewater from the sanitary sewer system overflow points identified in the Permit (Outfalls 003 and/or 004 and/or and 005), sanitary sewer system overflow points not identified in the Permit, and/or from the wastewater treatment plant bypass point identified in the Permit (Outfall 002) into a tributary of South Hogan Creek, waters of the state, without a valid NPDES Permit and/or not in conformity with a valid NPDES Permit, in violation of 327 IAC 5-2-2.

 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 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 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 Aletha Lenahan, Enforcement Case Manager, at (317) 232-8407 within 15 days after receipt of this Notice regarding your intent to settle this matter.
 
 

For the Commissioner:
 
 
 
 
 
 

Date: ____June 24, 2003___________ _________________________

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs