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

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 that violates or would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under IC 13.

Pursuant to 327 IAC 5-2-2, any discharge of pollutants into the 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.

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 IC 13-18-4-1 and IC 13-18-4-3.

IDEM records for the period between October 6, 2002 and February 18, 2003 indicate that the City of Rising Sun failed to report at least one overflow of untreated sewage from the aerobic digester that occurred on or about December 3, 2002 for which there was no valid NPDES Permit for the discharge, in violation of 327 IAC 5-2-8(1), Part II.A.1. of the Permit, IC 13-30-2-1, 327 IAC 5-2-2, and IC 13-18-4-3.

B. Pursuant to 327 IAC 5-2-8(1) and Part II.A.1 of the Permit, the City of Rising Sun is required to comply with all terms and conditions of the Permit. Part I.A.1 of the Permit contains the effluent limitations for the City's discharge at Outfall 001.

Based upon a records review by IDEM, the City's facility violated NPDES permit monthly discharge limitations for E. coli in the months of April through August, and October 2000; April through June 2001; and April and July 2002. The failure to meet NPDES permit discharge limitations is in violation of Part I.A.1 of the Permit, Part II.A.1 of the Permit, and 327 IAC 5-2-8(1).

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

IDEM records for the period between October 6, 2002 and February 18, 2003 indicate that the City of Rising Sun did not implement sound operation and maintenance practices at the headworks screening equipment, resulting in excessive trash reaching and fouling downstream process equipment. The City also did not implement sound process control measures in the aeration system nor in the aerobic digester, resulting in inadequate conditions for effective secondary, biological wastewater treatment and solids disposal. It was also noted, during the most recent IDEM inspections, that the sewer collection system is not being properly maintained, and has severe infiltration/inflow (I/I) problems that result in hydraulic overloading of the wastewater treatment plant during rainfall events. It was also noted that two of three raw influent pumps and one final clarifier were out of service. All of the above observations indicate a failure by the City of Rising Sun to maintain its wastewater treatment plant and sanitary sewer 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.

D. Pursuant to IC 13-18-11-11 and Part II.A.14. of the Permit, the City of Rising Sun is required to provide a properly certified operator to supervise the wastewater treatment plant, whose competency is certified by the Commissioner in a classification corresponding to the classification of the wastewater treatment plant to be supervised.

Pursuant to 327 IAC 5-2-22, 327 IAC 5-2-8(14), and Part II.C.6. of the Permit, the City of Rising Sun is required to have all reports required by permits and other information requested by the commissioner to be signed by either a principal executive officer or ranking elected official, or by a duly authorized representative of that person. A person is a duly authorized representative only if the authorization is made in writing by a principal executive officer or ranking elected official.

IDEM records for the period between October 6, 2002 and February 18, 2003 indicate that the City of Rising Sun did not provide a properly certified operator to supervise the wastewater treatment plant, nor did the City have all the required reports signed by a principal executive officer or ranking elected official, or by a duly authorized representative of that person, in violation of IC 13-18-11-11, Part II.A.14. of the Permit, 327 IAC 5-2-22, 327 IAC 5-2-8(14), and Part II.C.6. of the Permit.

E. Pursuant to 327 IAC 5-2-15(a) and Part I.B.3. of the Permit, the City of Rising Sun is required to report to the commissioner, using discharge monitoring reports (DMRs) (EPA Form 3320-1) and, also, facility's reports of operation, the results of any monitoring specified by the permit, pursuant to section 13 of this rule, as often as required by the permit, but in no case less than once per year.

The City of Rising Sun failed to submit reports in a timely manner. Review of IDEM records indicates that DMRs for May, August, and September 2002 have not been submitted. Also, DMRs for November 2000, January and February 2001, and March 2002 were submitted late.

F. Pursuant to 327 IAC 5-2-13(a)(2) and Part I.A. of the Permit, in order to assure compliance with permit terms and conditions, the City of Rising Sun is required to monitor, as required in the permit, the volume of wastewater flow at monitoring points specified in the permit, including the final effluent flow from each point source.

The City of Rising Sun, since at least July 2001, has failed to install a final effluent flow meter, in violation of 327 IAC 5-2-13(a)(2), and Part I.A. of the Permit.

G. Pursuant to 327 IAC 5-2-8(1) and Parts I. B.1.,4.(4),5.,and 8. of the Permit, the City of Rising Sun is required to implement representative sampling, using 24-hour composite sampling and specifically accurate test procedures at its wastewater treatment facility, and to retain all records for at least three years.

Review of on-site records by IDEM, on December 13, 2002 indicates that the City of Rising Sun has not been compositing samples as required. This is also evident from the fact that the City has no effluent flow meter upon which to base flow rate calculations of proportionate sample volumes for composite samples. Review of available records also indicates the records have not been retained for the required 3 year period. These occurrences are in violation of Parts I. B.1.,4.(4), 5., and 8. of the Permit.

H. Pursuant to 327 IAC 5-2-8(1) and Part II.B.5. of the Permit, the City of Rising Sun is required to provide an alternative power source, in case of failure of the primary power source. IDEM inspections indicate no alternative source of power has been made available by the City, in violation of Part II.B.5. of the Permit.

IDEM inspections note trash that should have been removed automatically by headworks screen equipment was instead manually removed from downstream process equipment and thrown onto the ground at various locations, where it accumulated and was not cleaned up. Also, overflow debris from hydraulically overloaded process equipment and tanks was allowed to accumulate on the ground, but was not properly removed. These occurrences are in violation of Part II. B.4. of the Permit, IC13-30-2-1(4), 329 IAC 10, and 327 IAC 6.