NOTICE OF VIOLATION
Via Certified Mail # _______________
To: The Honorable Herbert P. Kleeman, Mayor
City of Garrett
130 South Randolph Street
P.O. Box 298
Garrett, IN 46738
Case No. 2002-12293-W
Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), the City of Garrett, owner, operator, and National Pollutant Discharge Elimination System (NPDES) Permit holder for a publicly owned treatment works that includes a wastewater collection system and a wastewater treatment plant (WWTP) located at 1001 South Harrison Street, Garrett, in Dekalb County, Indiana, has been determined to be in violation of the following environmental statutes, rules, and provisions of its NPDES Permit No. IN 0022969 (hereinafter referred to as the "Permit":
Count A
Pursuant to 327 IAC 5-2-8(1), and Part II.A.1 of the Permit, the City of Garrett
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 327 IAC 5-2-8(11), under Part II.B.2. of the Permit, bypasses (as defined in Part II.B.2.a.(1) of the Permit) are prohibited unless the following conditions are met:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage (as defined in Part II.B.2.a.(2) of the Permit;
(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment down time; and
(3) The Permittee submitted notices as required under Part II.B.2.d of the Permit; or
(4) The condition under Part II.B.2.f is met.
Pursuant to Part II.B.2. and Attachment A of the Permit, bypasses and overflows in the sanitary sewer system or in a sanitary portion of a combined sewer are expressly prohibited. Outfall No. 002, which is located at the overflow in the last manhole before the WWTP, is designated as a wastewater treatment plant overflow point, and as such, overflows from Outfall No. 002 are expressly prohibited from discharging at any time. Should any release from the sanitary sewer system (including overflowing manholes) occur, the permittee is required to notify the Office of Enforcement by telephone within 24 hours, and in writing within five days of the event in accordance with the requirements in Part II.C.3.d. of the Permit. Such discharges are considered to be permit violations.
A review of IDEM records for January 1, 2000 through September 30, 2002 revealed that the City of Garrett reported the occurrence of overflows from Outfall 002 during four days in 2000, during 14 days in 2001, and during four days in 2002 (through September 30, 2002), without the conditions set forth in Part II.B.2.b of the Permit being satisfied, in violation of 327 IAC 5-2-8(1), Part II.A.1 of the Permit, 327 IAC 5-2-8(11), and Part II.B.2.b of the Permit.
Count 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 5-2-2, 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.
A review of IDEM records revealed that the City of Garrett reported the occurrence of discharges from Outfall 002 to the Garrett City Ditch, waters of the state, during four days in 2000, during 14 days in 2001, and during four days during 2002 (through September 30, 2002). Such discharges were not in conformity with the Permit and were therefore in violation of IC 13-30-2-1 and 327 IAC 5-2-2.
Count C
Pursuant to 327 IAC 5-2-8(1), and Part II.A.1 of the Permit, the City of Garrett 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 327 IAC 5-2-8(8) and Part II.B.1 of the Permit, the City of Garrett is
required to maintain in good working order and efficiently operate all waste collection,
control, treatment, and disposal facilities.
IDEM records for 2000, 2001, and 2002 (through September 30, 2002) indicate that
excessive inflow and infiltration is entering the wastewater collection system and/or
wastewater treatment plant process equipment is being inefficiently operated, which
indicates a failure by the City of Garrett to maintain its wastewater collection 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 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 Dave Knox at 317/233-5975 within 15 days after receipt of this Notice regarding your intent to settle this matter. If you are willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return it to the Office of Enforcement at the above address within the 60 day settlement period.
For the Commissioner:
Date: _______________ Signed 11/27/02___
Felicia A. Robinson
Deputy Commissioner
of Legal Affairs
cc: U.S. E.P.A., Region 5
Dekalb County Health Department