INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

NOTICE OF VIOLATION

Via Certified Mail# _______________ To: Mr. Michael Taylor, President
Town Council of Owensville
Town Hall
P.O. Box 296
Owensville, IN 47665

Case No. 2002-11686-W

Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), the Town of Owensville, as owner of and National Pollutant Discharge Elimination System (NPDES) permit holder for the Owensville sewage collection system and wastewater treatment plant, located at South Mill Street, Owensville, in Gibson County, Indiana, is in violation of the following environmental statutes, rules and permit:

A. Pursuant to Indiana Code 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 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 the state, or to cause, permit or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters any organic or inorganic matter that shall cause or contribute to a polluted condition of any waters.

Pursuant to 327 IAC 5-2-8 and Part II.A.1 of the Owensville NPDES Permit No. IN0038288 (the Permit), the Town is required to do the following:

* Comply with all terms and conditions of the permit.

* Take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with the permit.

* At all times maintain in good working order and efficiently operate all facilities and systems (and related appurtenances) for collection and treatment that are installed and used by the permittee and which are necessary for achieving compliance with the terms and conditions of the permit.

Pursuant to 327 IAC 5-2-8(11)(D) and Part II.B.2 of the NPDES Permit, bypassing is prohibited, and the Commissioner may take enforcement action against a permittee for bypass unless certain conditions are met.

The Town of Owensville discharged wastewater to Montgomery Ditch and thence to the Black River from sewage lift station overflow Outfall No. 003 located at Highway 168 and/or bypass Outfall 002 at the wastewater treatment plant on August 24 and 27, 2000, April 10, 2001, July 28, 2001, October 13-14 and 23-24, 2001, November 26-29, 2001, December 14-19, 2001, January 31, 2002, February 1, 2002, March 10-11, 15-16, 19-21, 25-27, and 29-30, 2002, April 14, 2002, April 27, 2002, May 8-9 and 12-14, 2002, June 5-6, 2002, December 31, 2002, and February 22-23, 2003, in violation of IC 13-30-2-1, IC 13-18-4-5, 327 IAC 5-2-8, and Parts II. A.1 and II.B.2 of the NPDES Permit.

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

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 Indiana Code 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 the state, or to cause, permit or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters any organic or inorganic matter that shall cause or contribute to a polluted condition of any waters.

Pursuant to 327 IAC 2-1-6(a)(1), the following are minimum water quality conditions:

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:

that will settle to form putrescent or otherwise objectionable deposits;
that are in amounts sufficient to be unsightly or deleterious;
that produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance;
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

(E) which are in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such a degree as to create a nuisance, be unsightly, or otherwise impair the designated uses.

Part I.A.1 of Owensville's NPDES Permit contains the final effluent limitations, effective as of December 1, 1998, applicable to the discharge from Outfall 001 to receiving waters named Montgomery Ditch.

Discharge Monitoring Reports and Monthly Reports of Operation submitted by Owensville to IDEM for the period between January of 2001 and November of 2002 reveal that the Town of Owensville failed to meet final effluent limitations contained in Part I.A.1 of its NPDES Permit as follows:

The weekly average quantity pounds per day effluent limitation for ammonia-nitrogen was violated during January, October, November, December 2001, and January, February, March, April and May of 2002.

The monthly average quantity pounds per day effluent limitation for ammonia-nitrogen was violated during November and December 2001, and January, February, March, April and May of 2002.

The weekly average quantity pounds per day effluent limitation for total suspended solids was violated during November and December 2001, and January, February, March, April and May of 2002.

The monthly average quantity pounds per day effluent limitation for total suspended solids was violated during December 2001, and January, March, April and May of 2002.

These failures to meet effluent limitations contained in the Permit are in violation of IC 13-30-2-1, IC 13-18-4-5, 327 IAC 5-2-8(1), 327 IAC 2-1-6(a)(1), Part I.A.1 of the Permit and Part II.A.1. of the Permit. C. Pursuant to 327 IAC 5-2-8(8) and Part II.B.1 of the Permit, the Town of Owensville is required to, at all times, maintain in good working order and efficiently operate all waste collection, control, treatment, and disposal facilities.

During an IDEM inspection on September 17, 2001, Owensville's wastewater treatment plant was observed evidencing a failure to properly maintain and/or efficiently operate the waste collection, control, treatment, or disposal facilities:

The inspector noted the headers on the aeration pipes at the wastewater treatment plant appear to be broken and the aeration tank was not receiving adequate distribution of oxygen for treatment, valves in the pump pit are rusted and corroded and not getting a good seal, it is difficult to equalize the incoming flows, there was a noticeable amount of sludge in the receiving stream, and there was bypassing of the wastewater treatment plant in April and July 2001. During an IDEM inspection on December 31, 2002, Owensville's wastewater treatment plant was observed to have sludge washing out over the weir to the receiving waters.

The overflow/bypass of treatment, exceedance of pounds per day effluent limitations, and the above noted waste collection, control, and treatment deficiencies evidences violation of 327 IAC 5-2-8(8) and Part II.B.1 of the Permit.

D. Pursuant to Part I.B.1 of the Permit, samples and measurements taken as required by the Permit shall be representative of the volume and nature of the monitored discharge. During an IDEM inspection on September 17, 2001, it was noted that the facility needs to sample during washouts of the plant. Owensville's failure to take samples during plant washouts is in violation of Part I.B.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 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.

To discuss this matter further, please contact Paul Cluxton at 317/232-8432 within 15 days after receipt of this Notice regarding your intent to settle this matter and to request a conference.

For the Commissioner:

Date: _______________ __(Signed June 3, 2003)__

Felicia A. Robinson
Deputy Commissioner
for Legal Affairs

Enclosure

cc: Gibson County Health Department
Randall Ross, Certified Operator
http://www.state.in.us/idem