NOTICE OF VIOLATION
Via Certified Mail #
___________________
|
To: |
Captain Daniel M. Wise, USN Commander |
Case No. 2003-12769-W
Based on investigation conducted by designated representatives of the Indiana Department of Environmental Management ("IDEM") for the period of operation from August 2000 through April 2003, the U.S. Department of the Navy, which owns, operates, and holds National Pollutant Discharge Elimination System ("NPDES") Permit No. IN0021539 ("Permit") for the Naval Surface Warfare Center, Crane Division ("Crane NSWC"), located near Crane, Martin County, Indiana, is in violation of the following environmental rules and permit conditions:
A. Pursuant to 327 Indiana Administrative Code ("IAC") 5-2-8(1), an NPDES permittee shall comply with all terms and conditions of its permit.
Part I.A of the NPDES Permit issued to the U.S. Department of the Navy for Crane NSWC contains final numeric effluent limitations applicable to the discharge via specified outfalls, including, but not limited to, Outfalls 001, 002, 004, 008, and 101.
Pursuant to Part II.A.1 of the NPDES Permit issued to the U.S. Department of the Navy for Crane NSWC, the permittee shall comply with all terms and conditions of its permit in accordance with 327 IAC 5-2-8(1).
The U.S. Department of the Navy failed to meet the final numeric effluent limitations established in the NPDES Permit for Crane NSWC at the following outfalls for the listed parameters during the listed timeframes, as reported by Crane NSWC on EPA Discharge Monitoring Report Forms, Form Number 3320-1 ("DMRs"), and Indiana Discharge Monitoring Report Forms, Form Number 30530 ("Monthly Monitoring Reports" or "MMRs"), in violation of 327 IAC 5-2-8(1), and Parts I.A and II.A.1 of the NPDES Permit:
1. at Outfall 001:
a. Daily Maximum Copper Concentration during September 2002;
b. Monthly Average Silver Loading, Daily Maximum Silver Loading, Monthly Average Silver Concentration, and Daily Maximum Silver Concentration during May 2002, and Monthly Average Silver Concentration during August 2002; and
c. Monthly Average E. coli Concentration during August 2000 and Daily Maximum E. coli Concentration during August 2000 and June 2002;
2. at Outfall 002:
a. Monthly Average Total Suspended Solids ("TSS") Concentration during November 2000 and February 2001, and Daily Maximum TSS Concentration during February 2001; and
b. Daily Minimum pH during September, October, and November 2000;
3. at Outfall 004:
a. Monthly TSS Concentration during January 2001 and September 2002; and
b. Daily Minimum pH during August, September, October, November, and December 2000, and June 2002;
4. at Outfall 008, Daily Minimum pH during September and November 2000; and
5. at Outfall 101, Monthly Average and Daily Maximum Zinc during October 2001.
B. Pursuant to 327 IAC 5-2-8(1), an NPDES permittee shall comply with all terms and conditions of its permit.
Pursuant to 327 IAC 5-2-12, where appropriate, NPDES permits shall contain schedules of compliance requiring the permittee to take specific steps to achieve compliance with applicable standards and limitations and other requirements.
Part I.F.1 of the NPDES Permit issued to the U.S. Department of the Navy for Crane NSWC contains a schedule of compliance for meeting the final numeric effluent limitations for TSS at Outfalls 003 and 008 that requires the following:
1. that the permittee submit a written progress report within 9 months after the effective date of the permit;
2. that if construction is required to meet the new effluent limits, construction is to begin no later than 21 months after the effective date of the permit;
3. that the permittee submit a subsequent progress report on the construction within 30 months of the effective date of the permit;
4. that construction is to be completed within 35 months from the effective date of the permit;
5. that the permittee file a notice of installation for any additional pollutant control equipment and a design summary of any modifications within 30 days of the completion of construction; and
6. that the permittee comply with the final effluent limitation for TSS no later than 36 months after the effective date of the permit.
Pursuant to Part II.A.1 of the NPDES Permit issued to the U.S. Department of the Navy for Crane NSWC, the permittee shall comply with all terms and conditions of its permit in accordance with 327 IAC 5-2-8(1).
The U.S. Department of the Navy failed to comply with the schedule of compliance contained in the NPDES Permit for Crane NSWC, in violation of 327 IAC 5-2-8(1), and Parts I.F.1 and II.A.1 of the NPDES Permit. Specifically, the U.S. Department of the Navy failed to begin construction within 21 months of the effective date of the NPDES Permit and to complete construction within 35 months of the effective date of the NPDES 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 Susan Baker at 317/233-5974 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: ________________________ Original signed on July 9, 2003, by
Felicia A. Robinson
Deputy Commissioner for Legal Affairs
cc: Pat Kuefler, U.S. EPA, Region 5, Office of Water
Martin County Health Department
Pedro DeJesus, Naval Surface Warfare Center, Crane Division
James M. Hunsicker, Naval Surface Warfare Center, Crane Division