A. Pursuant to 327 IAC 5-2-8(1) and Part II.A.1 of the Permit, the Town of Westville is required to comply with all 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 Westville 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 January 2002 and May 2003 indicate that the wastewater treatment plant, owned and operated by the Town of Westville, was inspected by IDEM on February 28, 2003, and was evaluated to be in unsatisfactory condition. Several deficiencies were noted, which indicates failure by the Town of Westville to maintain its wastewater treatment plant and sanitary sewer 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.

IDEM records for the period between January 2002 and February 2003 indicate that the Town of Westville failed to meet effluent limitations for one parameter at a location representative of the discharge. The Town of Westville has failed to meet the effluent limitations for E. coli , colony forming units (CFU) for the months of August through October 2001, and April through October 2002. The Town's failure to meet the effluent limitation is in violation of 327 IAC 5-2-8(1), Part I.A.1, and Part II.A.1 of the Permit.

C. 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 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 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 January 2001 and May 2003 indicate that the Town of Westville wastewater treatment plant, owned and operated by the Town of Westville, discharged untreated sewage from its wastewater treatment plant and sanitary sewer system to waters of the State on February 28, 2003, as evidenced by the presence of sludge deposits in the receiving stream, 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, and thus in violation of IC 13-30-2-1 and IC 13-18-4-5.

D. Pursuant to 327 IAC 5-2-8(11) and Part II.B.2 of the Permit, the permittee may allow any bypass to occur that does not exceed any effluent limitations contained in the NPDES permit, but only if it also is for essential maintenance to assure efficient operation. The permittee must provide the commissioner with the following notice:

Bypass is prohibited, and the commissioner may take enforcement action against a permittee for bypass unless the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage, and there were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime.

IDEM records for the period between January 2001 and May 2003 indicate that the Town of Westville failed to give prior written notice for an anticipated bypass, as evidenced by IDEM's February 28, 2003 and December 10, 2001 inspection reports which found that neither of two tertiary filters were in service, but were being bypassed at the time IDEM's inspection was initiated. Also, during a March 13, 2001 inspection, it was noted that one of the sand filters was overflowing to the chlorine contact tank, in effect bypassing the treatment process. During records review, a bypass/overflow incident report for a March 21, 2001 sand filter bypass was found to be signed by the operator on March 26, 2001, but not received at IDEM until April 4, 2001. All of the above incidents are in violation of 327 IAC 5-2-8(11) and Part II.B.2 of the Permit.

E. Pursuant to 327 IAC 5-2-13, Part I.B.2, Part I.A.1(footnotes 1 and 5), Part II.B.1.c, and Part I.B.6 of the Permit the Town of Westville is required to assure compliance with permit terms and conditions, by monitoring, as required in the permit, the following:

The Town of Westville failed to accurately monitor flow at the wastewater treatment facility, in violation of 327 IAC 5-2-13.

F. Pursuant to 327 IAC 5-2-14(a), and Part II.B.6 of the Permit, the Town of Westville is required to maintain records of all monitoring information and monitoring activities, including:

Pursuant to 327 IAC 5-2-14(c), and Part II.B.6 of the Permit, the Town of Westville is required to comply with the following monitoring requirements in the permit:

information, listed above, as noted in the February 28, 2003 IDEM inspection report. Flow meters were not calibrated annually. Composite samples were not properly flow proportioned to appropriately represent the volume and nature of the monitored discharge flow. Geometric mean was not used to calculate and report the monthly average for E. coli. The Town of Westville failed to accurately monitor flow, precipitation, and other parameters at the wastewater treatment facility, in violation of 327 IAC 5-2-13, 327 IAC 5-2-14(a), 327 IAC 5-2-14(c), and Part I.B.2, Part I.A.1(footnotes 1 and 5), Part II.B.1.c, and Part II.B.6 of the Permit.

G. Pursuant to 327 IAC 5-2-8(10), the Town of Westville is required to report orally within 24 hours of any unanticipated bypass or upset that exceeds any effluent limitation in the permit. Any noncompliance that may pose a significant danger to human health or the environment must be reported as soon as the Town of Westville becomes aware of the noncomplying circumstances. The Town of Westville is also required to give advance notice to the commissioner of any planned changes in the permitted facility, any activity, or other circumstances that it has reason to believe may result in noncompliance with permit requirements. A written submission is also required to be provided by the Town of Westville within five days of the time it becomes aware of the circumstances. The written submission is required to contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. The Town of Westville is also required to report all instances of noncompliance not reported under the above requirements, at the time discharge monitoring reports (DMRs) are submitted.

The Town of Westville failed to provide any advance notice or 24 hour reporting for the sand filter bypasses, or for those E. coli bacteria violations that posed a significant danger to human health and the environment. The Town of Westville also failed to provide any written report at the time the pertinent DMR was submitted for any sand filter bypasses or any other circumstances resulting in an effluent violation. These failures to report are in violation of 327 IAC 5-2-8(10), and Part II.C.3, Part II.C.4, and Part II.B.2 of the Permit.