NOTICE OF VIOLATION


Via Certified Mail# _______________ To: Ms. Carolyn Booher, President
Town Council of Advance
Town Hall, 112 N. Main St.
P.O. Box 67
Advance, IN 46102-0067
Case No. 2002-12422-W

Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), the Town of Advance, as owner of a sewage collection system and wastewater treatment plant located East of SR 75 on CR 400S, approximately 1 1/2 miles South of Advance in Boone County, Indiana, has been determined to be in violation of the following environmental statutes, rules and provisions of National Pollutant Discharge Elimination System (NPDES) Permit No. 0039705 (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 Advance 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(8) and Part II.B.1 of the Permit, the Town of Advance 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.
 
  The Town of Advance wastewater treatment plant received flows in excess of its design treatment capacity of 0.039 million gallons per day (mgd) as reported on the Discharge Monitoring Reports as follows: 0.057 mgd for February 2001, 0.049 mgd for October 2001, 0.047 mgd for February 2002, 0.055 mgd for March 2002, and 0.062 mgd for May 2002, which indicates failure to control inflow and infiltration in the collection system, in violation of 327 IAC 5-2-8(8) and Part II.B.1 of the Permit.

The Town of Advance reported to IDEM that washouts of the wastewater treatment plant secondary treatment units occurred during heavy rains and the design capacity of the treatment plant was exceeded on February 10-13, 2001, February 15-16, 2001, February 26-27, 2001, December 16-18, 2001, January 31, 2002, May 5-9, 2002, and May 12-15, 2002. These washouts are a threat to pollute the receiving stream. On December 19, 2001, a representative of IDEM conducted an inspection of the Advance wastewater treatment plant and he noted that during heavy rain events plant washouts occur and observed some sludge in the creek at the location of the wastewater treatment plant effluent discharge. These plant washouts and discharge of sewage solids to Big Raccoon Creek are 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), 327 IAC 5-2-8(1), and Part II. A. 1 and Part II. B.1 of the Permit.

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

 Pursuant to Part I.B.1 of the Permit, samples and measurements taken as required by the Permit shall be representative of the volume and nature of the monitored discharge.

A records review of the Advance Monthly Reports of Operation revealed that the facility did not sample the effluent for Total Suspended Solids or BOD during the wastewater treatment plant washouts on December 16, 17 and 18, 2001 and January 31, 2002 and February 1, 2002, and therefore did not take samples representative of the nature of the discharge. These failures to take samples during plant washouts are in violation of 327 IAC 5-2-8(1), Part II.A.1. of the Permit, and Part I.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. If settlement is reached, an Agreed Order will be prepared and sent for review and signature.
 
 

For the Commissioner:

Date: _______________ _(Signed May 9, 2003)______

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Enclosure

cc: Mark Landrum, Certified Operator

Boone County Health Department

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