NOTICE OF VIOLATION
Centerville Town Council
City Building
P. O. Box 125
Centerville, IN 47330
Case No. 2002-11852-W
Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), the Town of Centerville, as owner of and NPDES permit holder for the Centerville sewage collection system which includes one Combined Sewer Overflow point that discharges to Noland's Fork Creek at the Centerville Wastewater Treatment Plant headworks located 816 North McMinn Road in Centerville, Wayne County, Indiana, is in violation of the following environmental rule and permit:
Pursuant to Attachment A, Part III. of the permit (Development and Implementation of an Operational Plan), the Operational Plan was to be submitted for approval to the IDEM, Office of Water Quality within 12 months of the effective date of the NPDES permit. A Combined Sewer overflow Operational Plan submittal to IDEM was due by December 1, 1999. The Town had been reporting the discharges at Outfall 002 as bypasses rather than Combined Sewer Overflows. The Operational Plan has not been received by IDEM, in violation of 327 IAC 5-2-8(1) and Part II.A.1 and Attachment A, Part III of the permit.
Pursuant to Attachment A, Part V. of the permit (Stream Reach Characterization and Evaluation Report), the Town of Centerville must characterize the impacts of Combined Sewer Overflow discharges upon the receiving stream. The results of the characterization must be included in a Stream Reach Characterization and Evaluation Report (SRCER) to be submitted to IDEM by June 1, 2000. The Town of Centerville has not submitted its SRCER to IDEM, in violation of 327 IAC 5-2-8(1) and Part II.A.1 and Attachment A Part V of the permit.
Pursuant to Attachment A, Part VI. (Long-term CSO Requirements) of the permit, a Long-term Control Plan (LTCP) was to be submitted to IDEM by June 1, 2001. An IDEM record review determined that the Town of Centerville failed to submit a complete Long-term Control Plan, in violation of 327 IAC 5-2-8(1) and Part II.A.1 and Attachment A, Part VI. of the permit.
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 Paul Cluxton at 317/232-8432 within 15 days after receipt of this Notice
regarding your intent to settle this matter.
For the Commissioner:
Date: _______________ ___(Signed October 2, 2002)_
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
Enclosure
cc: Jay Werking, Wastewater Plant Certified Operator
Jay Martin, Town Manager
Steve Henschen, Bonar Group
Wayne County Health Department