NOTICE OF VIOLATION

 

Mrs. Esther Joanna Ginzel, President and

Registered Agent

Anoka Corporation

Anoka Acres Mobile Home Park

829 E. Market Street

Logansport, IN 46947

Mr. Julio Jaramillo, Manager

Evergreen Communities, LLC

Anoka Acres Mobile Home Park

1518 N. Avon Street

Burbank, CA 91505

Ms. Casey Collins, Registered Agent

Evergreen Communities, LLC

Anoka Acres Mobile Home Park

1518 N. Avon Street

Burbank, CA 91505

Case Nos. 2002-11249-W and 2003-12738-W

Based on an investigation, and subsequent record reviews by designated representatives of the Indiana Department of Environmental Management (IDEM) beginning on April 24, 2001, Anoka Corporation ("Anoka" or "previous permittee"), Case No. 2002-11249-W, owned and operated the Anoka Acres Mobile Home Park ("MHP") until October 25, 2002. Anoka Acres MHP is served by a sewage collection system and a wastewater treatment plant ("WWTP") located at 2904 US 35 South, in Logansport, Cass County, Indiana ("Site"). Evergreen Communities, LLC ("Evergreen" or "current permittee"), Case No. 2003-12738-W, currently owns and operates the Anoka Acres MHP and its WWTP. Anoka was in violation of the following environmental statute, rules, and permit:

A. Pursuant to 327 IAC 5-2-12 and Part I.D of the permit, Anoka, as the Respondent and permittee prior to October 25, 2002, shall comply with schedules of compliance requiring Anoka to take specific steps to achieve expeditious compliance with applicable standards and limitations and other requirements, including but not limited to permitted effluent limitations, water quality-based limitations, and requirements in accordance with this section.

    1. Anoka failed to initiate construction for the WWTP by August 1, 2000. Anoka failed to submit a written progress report to OWQ’s Compliance Evaluation Section regarding the commencement of the WWTP construction by August 1, 2000, in violation of 327 IAC 5-2-12 and Part I.D.3 of the permit.
    2. Anoka failed to submit a written progress report regarding the WWTP construction to OWQ’s Compliance Evaluation Section by May 1, 2001, in violation of 327 IAC 5-2-12 and Part I.D.4 of the permit.
    3. Anoka failed to complete construction for the WWTP by August 1, 2001. Anoka failed to submit a written progress report to OWQ’s Compliance Evaluation Section by August 1, 2001, during the WWTP construction, in violation of 327 IAC 5-2-12 and Part I.D.5 of the permit.
    4. Anoka failed to comply with the final effluent limitations for NH3-N, DO, and TRC, and for lining the terminal lagoon by September 1, 2001, in violation of 327 IAC 5-2-12 and Part I.D.6 of the permit.
    1. Anoka failed to submit a written notice of noncompliance to OWQ’s Compliance Evaluation Section for failure to meet the Compliance Schedule actions by more than 14 days. Anoka’s written notice(s) of noncompliance should have delineated, including but not limited to the cause of noncompliance, remediation actions taken or planned, notice of late commencement of construction, status of the terminal lagoon lining, delayed construction/connection, and written progress reports, and the probability of meeting the remaining terms of the Schedule of Compliance for Anoka’s WWTP.
  1. Pursuant to 327 IAC 5-2-8(1) and Part II.A.1 of the permit, the Respondents shall comply with all terms and conditions of the permit. Any permit noncompliance constitutes a violation of the Clean Water Act ("CWA") and the Environmental Management Act ("EMA") and the permit.

Pursuant to 327 IAC 5-2-8(3), the Permit incorporates this rule by reference under Part II.A.2, which required Anoka to take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with the permit.

Pursuant to 327 IAC 5-2-8(8) and Part II.B.1 of the Permit, the Respondents shall 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, which are necessary for achieving compliance with the terms and conditions of the permit.

Part I.A.1 of the Permit contains the effluent limitations (effective September 1, 1998), applicable to the WWTP wastewater effluent discharge from the Outfall 001 to Minnow Creek. The final effluent limit requirements for NH3-N, DO, and TRC for discharging treated domestic wastewater from Outfall 001 into Minnow Creek are subject to the determination of construction and the method(s) selected to comply with the Schedule of Compliance notification requirements for implementation of reportable limits.

Discharge Monitoring Reports ("DMRs") submitted by the Respondents for the period between August 2000 to December 2002, reveal that the WWTP’s discharge failed to meet the final effluent limitations contained in Part I.A.1 of its NPDES Permit as follows:
    1. The five-day carbonaceous biochemical oxygen demand ("CBOD5") results were not reported for the month of September 2002.
    2. The total suspended solids ("TSS") summer monthly average and weekly maximum loading and concentration limits were exceeded during the months of September 2000, May 2001, and August and November 2002.
    3. The ammonia-nitrogen ("NH3-N") weekly maximum loading (pounds/day) result was not submitted for the month of October 2002.
    4. The dissolved oxygen ("DO") summer daily minimum concentration results were below the permitted effluent limits during the months of October and November 2001, and March through December 2002.
    5. The total residual chlorine ("TRC") monthly and daily limits were exceeded or not reported during the months of August through September 2000, and April, May, and July through October 2002.
    6. The reportable total flow was not submitted for the month of September 2002.

The Respondents failed to limit the discharge of pollutants as specified in the final effluent limitations contained in the WWTP permit and/or to take the appropriate steps to minimize or correct the adverse impact on the environment caused by discharging partially treated WWTP wastewater. The Respondents’ WWTP wastewater contaminants were discharged in excess of the permitted effluent limits into Minnow Creek for the period of August 2000 to December 2002, in violation of 327 IAC 5-2-8, and Parts I.A.1, II.A.1, II.A.2, and II.B.1 of the Permit.
  1. 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, and other land use practices, or other discharges, including but not limited to the formation of objectionable deposits, 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 deleterious, and/or cause or contribute to the impairment of the designated uses.

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 which violates rules, standards, or discharge or emission requirements adopted by the appropriate board pursuant to 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 sections 1 and 3 of IC 13-18-4.

The Respondents caused or contributed to the contamination of waters of the state at Minnow Creek by allowing its WWTP to discharge substances and materials that settled to form putrescent or otherwise objectionable deposits, that were in amounts sufficient to be unsightly or deleterious, and/or were in concentrations or combinations that caused or contributed to the growth of aquatic plants or algae to such degree as to create a nuisance, be unsightly, or otherwise impaired the designated uses from August 2000 to December 2002, in violation of 327 IAC 2-1-6(a)(1).

The Respondents allowed the WWTP to discharge wastewater which exceeded the permitted effluent limits for NH3-N, DO, and TRC, and for lining the terminal lagoon prior to discharging from Outfall 001 to Minnow Creek for the period of August 2000 to December 2002, which caused pollution that violated 327 IAC 5-2-8 and 327 IAC 2-1-6(a)(1) (rules adopted by the Water Pollution Control Board) and Part I.A.1 of the permit, in violation of IC 13-30-2-1 and IC 13-18-4-5.

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.

Please contact Ms. Stacie Tucker, at 317/234-0411 within fifteen (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:

Signed 5/18/03

Date: ________________________ ______________________________

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

Enclosure

cc: U.S. EPA, Region 5, Office of Water

Cass County Health Department

Mike Hakey, Anoka Acres MHP Manager