NOTICE OF VIOLATION


Via Certified Mail# _______________ To: Mrs. Doris J. Horn, President
Town Council of Lynnville
Town Hall
P.O. Box 99
Lynnville, IN 47619
Case No. 2002-12401-W

Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), the Town of Lynnville, as owner of the sewage collection system and wastewater treatment plant (the "Site"), located on SR 68 in Lynnville, Warrick County, Indiana, is in violation of the following environmental statutes, rules and provisions of National Pollutant Discharge Elimination System (NPDES) Permit No. 0040282 (the "Permit"):

A. Pursuant to Indiana Code 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 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 the state, or to cause, permit or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters any organic or inorganic matter that shall cause or contribute to a polluted condition of any waters.

Pursuant to 327 IAC 5-2-8 and Part II.A.1 of the Permit, the Town of Lynnville is required to do the following:

* Comply with all terms and conditions of the permit.

* Take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with the permit.

* At all times maintain in good working order and efficiently operate all facilities and systems (and related appurtenances) for collection and treatment that are installed and used by the permittee and which are necessary for achieving compliance with the terms and conditions of the permit.
 
 

 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 Lynnville reported to IDEM the following events of bypass/overflow from its sewage collection system during heavy rains or snow melt at a manhole discharge location identified as two blocks west of the intersection of State Highway 61 and State Highway 68 on: August 27, 2000, February 15, 2001, October 14 and 23-25, 2001, November 28-30, 2001, December 11, 14, and 16-18, 2001, and March 19-20 and 26, 2002. These discharges are in violation of IC 13-30-2-1, IC 13-18-4-5, 327 IAC 5-2-8, Part II. A.1 and Part II.B.2 of the Permit.

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

Pursuant to 327 IAC 2-1-6(a)(1), the following are minimum water quality conditions:

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, and 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
(E) which are in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such a degree as to create a nuisance, be unsightly, or otherwise impair the designated uses.
 
  On September 25, 2002, a representative of IDEM's Office of Water Quality noted during the inspection of the Site that the receiving stream contained sludge from Lynnville's wastewater treatment plant, in violation of IC 13-30-2-1, IC 13-18-4-5, 327 IAC 5-2-8(8), 327 IAC 2-1-6(a)(1), Part II.A.1 of the Permit 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 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.
 

To discuss this matter further, please contact Paul Cluxton at 317/232-8432 within 15 days after receipt of this Notice to request a conference.
 
 

For the Commissioner:

Date: _______________ __(Signed May 18, 2003)___

Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Enclosure

cc: J. William Brunner, Attorney at Law

Joseph Potts, Certified Operator, EMC

Warrick County Health Department

http://www.in.gov/idem/enforcement