A. Pursuant to IC 13-18-11-14, it is unlawful for any person, firm or corporation, both municipal and private, to operate a water or wastewater treatment plant or a water distribution system unless the operator in responsible charge is duly certified to by the commissioner under the provisions of this chapter. Furthermore, it shall be unlawful for any person to perform the duties of an operator in responsible charge of such works as defined herein without being duly certified under the provisions of this chapter.

Pursuant to 327 IAC 8-12-3, in order to operate a wastewater or water treatment plant or a water distribution system, the operator shall have qualifications as established in 327 IAC 8-12.

Pursuant to 327 IAC 5-2-8(1) and Part II.A.1 of the Permit, Cal Carnahan and/or Country Acres, LLC (Country Acres) is required to comply with all terms and conditions of the Permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and IC 13 and is grounds for enforcement action.

Pursuant to Part II.A.14 of the Permit, Country Acres is required to have the wastewater treatment facilities under the direct supervision of an operator certified by the Commissioner as required by IC 13-18-11 and 327 IAC 8-12-3.

Pursuant to Part II.B.1.b of the Permit, Country Acres is required to provide an adequate operating staff which is duly qualified to carry out the operation, maintenance, and testing functions required to insure compliance with the conditions of the Permit.

A record review indicated that Country Acres has operated its WWTP without a duly certified operator from March 1, 2002 through May 31, 2003, in violation of Part II.A.1, Part II.A.14, and Part II.B.1.b of the Permit, 327 IAC 8-12-3, and 327 IAC 5-2-8(1), and thus violating IC 13-18-11-14.

B. Pursuant to 327 IAC 5-2-15, Country Acres is required to report to the Commissioner, using discharge monitoring reports (DMRs) the results of any monitoring specified in the Permit. All reports required by this section shall be prepared by or under the direction of a certified wastewater treatment plant operator licensed under the provisions of 327 IAC 8.

DMRs submitted by Country Acres for the months of March 2002 through February 2003, and for April 2003, were not prepared by or under the direction of a certified wastewater treatment plant operator licensed under the provisions of 327 IAC 8, in violation of 327 IAC 5-2-15.

required to comply with all terms and conditions of its Permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and IC 13 and is grounds for enforcement action.

Pursuant to Part I.B.3 of the Permit, Country Acres is required to submit monitoring reports to IDEM containing results obtained during the previous month postmarked no later that the 28th day of the month following each completed monitoring period. These reports are to include, but not necessarily be limited to, the Discharge Monitoring Report (DMR) and Monthly Report of Operation (MRO).

A record review indicates that monitoring reports submitted to IDEM by Country Acres for April, May, July, October 2002, were submitted after the 28th day of the month following the monitoring periods, in violation of 327 IAC 5-2-8(1), Part II.A.1 of the Permit, and Part I.B.3 of the Permit. Additionally, the record review indicates that the monitoring reports for March and May of 2003 have not been submitted to IDEM, in violation of 327 IAC 5-2-8(1), Part II.A.1 of the Permit, and Part I.B.3 of the Permit.

D. Pursuant to IC 13-30-2-1(1), a person may not 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 in any form that 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 327 IAC 5-2-2, any discharge of pollutants into 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 327 IAC 5-2-8(1) and Part II.A.1 of the Permit, Country Acres is required to comply with all terms and conditions of its NPDES Permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and IC 13 and is grounds for enforcement action.

Part I.A of the Permit sets forth the final effluent limitations applicable to the discharge from Outfall 001.

DMRs and MROs submitted by Country Acres to IDEM for the period from August 2000 through April 2003, reveal that the WWTP failed to meet the final effluent limitations contained in Part I.A of the Permit as follows:

These failures to meet effluent limitations contained in the Permit indicate that Country Acres has violated Part II.A of the NPDES Permit, Part I.A of the NPDES Permit, 327 IAC 5-2-2, and 327 IAC 5-2-8(1), and thus violating IC 13-30-2-1(1).

required to comply with all terms and conditions of the Permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and IC 13 and is grounds for enforcement action.

Pursuant to Part I.B.1 of the Permit, samples and measurements taken as required in the Permit are to be representative of the volume and nature of the monitored discharge.

Pursuant to 327 IAC 5-2-13, and Part I.B.2 of the Permit, Country Acres is required to sample and analyze the raw influent, the wastewater from intermediate unit treatment processes, and the final effluent for the pollutants and operational parameters specified by the applicable MRO, as appropriate.

Pursuant to 327 IAC 5-2-15, Country Acres is required to report to the commissioner, using DMRs, the results of any monitoring specified in the Permit.

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MROs and/or DMRs submitted by Country Acres for each and every month from March 2002 through April of 2003 contain errors, are not complete, contain sample results at incorrect locations on the reports, and are not representative of the volume and nature of the monitored discharge, in violation of 327 IAC 5-2-8(1) and Part II.A.1 of the Permit, Part I.B.1 of the Permit, 327 IAC 5-2-13, and Part I.B.2 of the Permit, and 327 IAC 5-2-15.

required to comply with all terms and conditions of the Permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and IC 13 and is grounds for enforcement action.

Pursuant to Part I.A of the Permit, flow measurement is required per 327 IAC 5-2-13. Flow is to be monitored for 24-hour total flow with the frequency of 5 times per week.

DMRs and MROs submitted by Country Acres to IDEM for April 2002 through September 2002, indicate the final effluent flow was not monitored from April 8, 2002 through September 25, 2002, in violation of 327 IAC 5-2-8(1), Part II.A.1 of the Permit, and Part I.A of the Permit.

required to comply with all terms and conditions of the Permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and IC 13 and is grounds for enforcement action.

Pursuant to 327 IAC 5-2-22, 327 IAC 5-2-8(14), Part II.C.6 of the Permit contains the signatory provisions for all reports required by the Permit and other information requested by the Commissioner.

DMRs and MROs submitted by Country Acres for the months of August 2000 through March of 2003 were not signed by a person or persons having signatory authority under 327 IAC 5-2-22, 327 IAC 5-2-8(14) and Part II.C.6 of the Permit.

H. Pursuant to 327 IAC 5-2-8(1) and Part II.A.1 of the Permit, Country Acres is required to comply with all terms and conditions of the Permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and IC 13 and is grounds for enforcement action.

Pursuant to Part I.E of the Permit, Country Acres is required to comply with the schedule of compliance, contained in Part I.E of the Permit, for meeting new final requirements for ammonia-nitrogen.

IDEM records indicate that Country Acres failed to comply with requirements contained in Part I.E.1, Part. I.E.2, Part I.E.3, and Part I.E.4 of the schedule of compliance, in violation of 327 IAC 5-2-8(1), Part II.A.1 of the Permit, and Part I.E of the Permit. Additionally, Country Acres failed to submit any written notices of noncompliance pursuant to Part I.E.7 of the Permit.