NOTICE OF VIOLATION


Via Certified Mail # _______________ Via Certified Mail # _______________ To: G. Richard Wagoner, Jr., President C.T. Corporation, Registered Agent

General Motors Corporation General Motors Corporation

300 Renaissance Center 36 South Pennsylvania

Mail Code 482-C14-C66 Suite 700

Detroit, Michigan 48265 Indianapolis, Indiana 46204

Case No. 2002-12222-W

Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), General Motors Corporation, as owner of, and National Pollutant Discharge Elimination System (NPDES) permit holder for, the General Motors Corporation, Powertrain Division wastewater treatment plant (WWTP), located at 105 GM Drive, in Bedford, Lawrence County, Indiana, is in violation of the following environmental statutes, rules and provisions of its NPDES permit No. IN 0003573 (the Permit):

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 5-2-2, 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 the discharge.

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

Pursuant to Part I.A.1 of the Permit, General Motors Corporation is required to comply with the effluent limitations applicable to the discharge from Outfall 002 that are contained in Part I.A.1 of the Permit.

Discharge Monitoring Reports, Monthly Reports of Operation, and letters submitted by General Motors Corporation to IDEM for the period from February 2001 through July of 2002, reveal that General Motors Corporation failed to meet final effluent limitations contained in Part I.A of the Permit for Outfall 002 as follows:
    1. The daily maximum (concentration) effluent limitation for Ammonia (as N) was violated on February 22, 2001, and April 18, 2001.


      2. The daily average (concentration) effluent limitation for Ammonia (as N) was violated during April 2001.

    2. The daily maximum (loading) effluent limitation for Total Phenols was violated on March 26, 2002, and March 27, 2002.


      3. The daily average (loading) effluent limitation for Total Phenols was violated during March 2002.

    3. The daily maximum (concentration) effluent limitation for Copper was violated on July 9, 2002, and July 16, 2002.
These failures to meet effluent limitations contained in the Permit are in violation of IC 13-30-2-1, 327 IAC 5-2-2, 327 IAC 5-2-8(1), Part II.A.1 of the Permit, and Part I.A.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 Terry Ressler, case manager, at 317/232-8433 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 10/16/02______

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs
 
 

cc: John A. Thomas, Plant Manager, General Motors Powertrain Division U.S. E.P.A., Region 5

Lawrence County Health Department