NOTICE OF VIOLATION
Via Certified Mail #
___________________ Via Certified Mail # ___________________
|
To: |
Mr. G.A. McGuire, President Pepsi-Cola General Bottlers, Inc. (d/b/a PepsiAmericas) 3501 Algonquin Road Rolling Meadows, Illinois 60008 |
To: |
CT Corporation System, Registered Agent Pepsi-Cola General Bottlers, Inc. (d/b/a PepsiAmericas) 36 South Pennsylvania Street, Suite 700 Indianapolis, Indiana 46204 |
Case No. 2003-13061-W
Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on January 30 and February 21, 2003, Pepsi-Cola General Bottlers, Inc. (d/b/a/PepsiAmericas), which owns, operates, and holds Industrial Waste Pretreatment ("IWP") Permit No. INP000204 ("Permit") for a soft drink bottling facility ("Austin Pepsi Facility") located at 1402 West State Road 256, in Austin, Scott County, Indiana, is in violation of the following environmental rules and permit conditions:
Pursuant to 327 Indiana Administrative Code ("IAC") 5-18-2, pollutants introduced into publicly owned treatment works (POTWs) by any source of nondomestic wastewaters shall not pass through or interfere with the operation or performance of the POTW.
Pursuant to 327 IAC 5-21-4, an IWP permit holder shall comply with certain requirements, including but not limited to, the requirements contained in the IWP permit as issued or modified.
Pursuant to 327 IAC 5-21-6, certain conditions apply to all industrial waste pretreatment permits and shall be expressly incorporated into the permit or incorporated by reference, including but not limited to, certain permit conditions specified in 327 IAC 5-2-8(1).
Pursuant to 327 IAC 5-2-8(1), an NPDES permittee shall comply with all terms and conditions of its permit.
Pursuant to Part I.B.1 of the IWP Permit issued to Pepsi-Cola General Bottlers, Inc., for the Austin Pepsi Facility, the permittee shall not discharge any pollutants into the POTW that pass through, or interfere with, the operation or performance of the POTW.
Pursuant to Part I.B.2.d of the IWP Permit issued to Pepsi-Cola General Bottlers, Inc., for the Austin Pepsi Facility, the permittee shall not discharge any pollutant, including oxygen demanding pollutants, released in a discharge at a flow rate and/or pollutant concentration as to cause interference in the POTW.
Pursuant to Part I.B.2.f of the IWP Permit issued to Pepsi-Cola General Bottlers, Inc., for the Austin Pepsi Facility, the permittee shall not discharge pollutants that result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
Pepsi-Cola General Bottlers, Inc., discharged ammonia from the Austin Pepsi Facility into the Town of Austin's Wastewater Treatment Plant ("Austin WWTP"), which is classified as a POTW, in such as manner as to cause pass through and interference with the operation of and in the Austin WWTP, and which resulted in the presence of toxic gases, vapors or fumes within the Austin WWTP in a quantity that could have caused acute worker health and safety problems; in violation of 327 IAC 5-2-8(1), 327 IAC 5-18-2, 327 IAC 5-21-4, and Parts I.B.1, I.B.2.d, and I.B.2.f of the IWP 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 21, 2003, by
Felicia A. Robinson
Deputy Commissioner for Legal Affairs
cc: Pat Kuefler, U.S. EPA, Region 5, Office of Water
Scott County Health Department
Lonnie J. Faris, PepsiAmericas
Lanny MacIntosh, Austin Town Council President