NOTICE OF VIOLATION

 

Via Certified Mail# _______________

To: Mr. Dave Odle, President

Danville Town Council

77 North Kentucky

P.O. Box 405

Danville, IN 46122

Cause No. 2002-12220-W

Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), the Town of Danville, owner and operator of a publicly owned treatment works (POTW) that includes a wastewater treatment plant and a sanitary sewer system located in Danville, Hendricks County, Indiana, has been determined to be in violation of the following environmental statutes and rules and provisions of its National Pollutant Discharge Elimination System (NPDES) permit No. IN 0020079 ("the Permit"):

A. Pursuant to IC 13-30-2-1, no person may 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 or into any publicly owned treatment works in any form which causes or would cause pollution that violates or would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under IC 13.

Pursuant to 327 IAC 5-2-2, any discharge of pollutants into the 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.

IDEM records for the period between January 1, 2000 and September 16, 2002 indicate that the Town of Danville reported the occurrence of discharges of untreated sewage from various locations in its sanitary sewer system to waters of the state on multiple occasions in 2000, 2001, and 2002, without a valid NPDES Permit for the discharges, in violation of IC 13-30-2-1 and 327 IAC 5-2-2.

 

 
  1. Pursuant to 13-30-2-1, no person may 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 or into any publicly owned treatment works in any form which causes or would cause pollution that violates or would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under IC 13.

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.

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, or 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 otherwise impair the designated uses.

IDEM records indicate that on or about September 16, 2002 approximately 50,000 gallons of untreated sewage was discharged from the Town of Danville's sanitary sewer system into the West Fork of White Lick Creek, resulting in a fish kill. The discharge of untreated sewage in an amount sufficient to be deleterious and/or in an amount sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, is in violation of 327 IAC 2-1-6(a)(1), IC 13-18-4-5 and IC 13-30-2-1.

C. Pursuant to 327 IAC 5-2-8(1) and Part II.A.1 of the Permit, the Town of Danville is required to comply with all terms and conditions of the Permit.

Pursuant to 327 IAC 5-2-8(8) and Part II.B.1 of the Permit, the Town of Danville is required to maintain in good working order and efficiently operate all waste collection, control, treatment, and disposal facilities.

IDEM records for the period between January 1, 2000 and September 16, 2002 indicate that the Town of Danville reported the occurrence of discharges of untreated sewage from various locations in its sanitary sewer system attributable to precipitation, blockages in the sanitary sewer system, or lift station failure, which indicates a failure by the Town of Danville to maintain its sanitary sewer system in good working order, in violation of 327 IAC 5-2-8(1), Part II.A.1 of the Permit, 327 IAC 5-2-8(8), and Part II.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 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 Dave Knox at (317) 233-5975 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 12/17/02___________________

Felicia A. Robinson

Deputy Commissioner for Legal Affairs

cc: U.S. E.P.A., Region 5

Hendricks County Health Department

Kieran Tansy