NOTICE OF VIOLATION

 

 

Via Certified Mail# _______________

To: William VanKirk

Town Council President

Town of Napoleon

P.O. Box 124

Napoleon, IN 47034

Case No. 2002-11707-W

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), the Town of Napoleon, which owns and operates a wastewater treatment plant (POTW) located on Highway 421 North, in Napoleon, Ripley County, Indiana, and which is authorized by National Pollutant Discharge Elimination System (NPDES) No. IN0023868 (the NPDES Permit) to discharge treated sanitary wastewater to receiving waters named Laughery Creek, is in violation of the following environmental statute(s), rule(s) and/or permit(s):

A. Pursuant to 327 IAC 5-2-8(1), the permittee must comply with all terms and conditions of the permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action.

Pursuant to 327 IAC 5-10-3 and Part I.A.1of the NPDES Permit, discharge may occur anytime during the year provided effluent limits are met and the daily discharge flow does not exceed one-tenth (1/10) the stream flow of the receiving stream, as determined from the gauging station installed and maintained upstream of the plant discharge point. Flow measurement is required per 327 IAC 5-2-13. In addition to the gauging station, flow meters must be present at both influent and the effluent end of the wastewater treatment plant. Stream gauge and effluent monitoring is required daily during periods of discharge. Influent flow monitoring is to be reported daily on the Monthly Report of Operations, regardless of discharge. This gauging station and the flow meters shall be calibrated at least once annually and the resulting calibration curve or table sent to IDEM no later than October 1 of each year.

The POTW for the Town of Napoleon has no influent flow meter, nor a stream gauge, in violation of 327 IAC 5-2-8, 327 IAC 5-10-3, 327 IAC 5-2-13 and Part I.A.1 of the NPDES Permit.

B. 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 and Part II.A.1 of the NPDES Permit, the Town of Napoleon is required to comply with all terms and conditions of its permit.

Pursuant to Part I.A.1of the NPDES Permit, the Town of Napoleon is required to comply with the effluent limitations applicable to the discharge from Outfall 001, including the numeric effluent limitations contained in Part I.A.1 of the NPDES Permit.

IDEM records for the period from June 2000 through March 2003, revealed that the Town of Napoleon failed to meet numeric effluent limitations applicable to the discharge from Outfall 001, contained in Part I.A.1 of the NPDES Permit, as follows:
    1. The monthly average (concentration) effluent limitation for Carbonaceous Biochemical Oxygen Demand (CBOD5) was violated in October, November, and December 2000, and January 2001.
    2. The weekly average (concentration) effluent limitation for CBOD5 was violated in November 2000 and January 2001.
    3. The daily maximum effluent limitation for pH was violated in March 2001.

The Town of Napoleon's failure to meet numeric effluent limitations applicable to the discharge from Outfall 001, contained in Part I.A.1 of the NPDES Permit, is in violation of 327 IAC 5-2-8(1) which is a rule of the Water Pollution Control Board, and thus also a violation of IC 13-30-2-1, Part II.A.1 of the NPDES Permit and Part I.A.1 of the NPDES Permit.

C. Pursuant to 327 IAC 2-1-6(a) and Part I.A.2.d of the NPDES Permit, the discharge shall be free of substances that are in amounts which produce color, odor, or other conditions to such a degree as to create a nuisance.

The Town of Napoleon caused or contributed to the contamination of waters of the state by allowing the discharge of greenish colored effluent as documented in an inspection conducted on March 5, 2001, in violation of 327 IAC 2-1-6(a) and Part I.A.2.d of the NPDES Permit.
  1. Pursuant to 327 IAC 5-2-14(a) and Part I.B.6 of the NPDES Permit, the permittee must maintain records of all monitoring information and activities, including:
    1. the date, exact place and time of sampling or measurements;
    2. the person who performed the sampling or measurements;
    3. the date(s) analyses were performed;
    4. the person(s) who performed the analyses;
    5. the analytical techniques or methods used; and
    6. the results of such measurements and analyses.

Pursuant to 327 IAC 5-2-14(b) and Part I.B.8 of the NPDES Permit, all records of monitoring activities and results (including all original strip chart recordings for continuous monitoring instrumentation and calibration and maintenance records) shall be retained by the permittee for three (3) years. If originals are kept elsewhere, a copy of all records shall be kept at the permitted facility.

Review of submitted DMRs and MROs as well as of inspection reports document that the Town of Napoleon has submitted incorrectly completed DMRs and MROs and failed to keep copies of records, including sampling and calibration logs, on site, in violation of 327 IAC 5-2-14 and Parts I.B.6 and I.B.8 of the NPDES Permit.
  1. Pursuant to 327 IAC 5-2-22, 327 IAC 5-2-8(14), and Part II.C.6 of the NPDES Permit, all reports required by the permit shall be signed and certified by either a principal executive officer or ranking elected official, or a duly authorized representative. The Town of Napoleon's required Discharge Monitoring Reports (DMRs) and Monthly Reports of Operation (MROs) have been signed by the Town's certified operator, not a duly authorized representative, in violation of 327 IAC 5-2-22, 327 IAC 5-2-8(14) and Part II.C.6 of the NPDES Permit.
  2. 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 Napoleon failed to prevent unpermitted bypassing on eight occasions between July 26, 2001 and January 24, 2002, in violation of 327 IAC 5-2-8(11)(d) and Part II.B.2 of the 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.

To discuss this matter further, please contact Ms. Christina Sorensen at 317/233-1190 within 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 July 15, 2003

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

 

cc: Ripley County Health Department

U.S. EPA, Region 5, Water Section