NOTICE OF VIOLATION
Via Certified Mail # _______________
To: Mr. Charles Luurtsema
Town Council President
Town of Hartsville
P.O. Box 812
Hartsville, Indiana 47244
Case No. 2003-13313-W
Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), the Town of Hartsville, owner of a Publicly Owned Treatment Works that includes a wastewater treatment plant (WWTP) located at the north end of East Street, Hartsville, in Bartholomew County, Indiana, has been determined to be in violation of the following environmental statutes, rules, and provisions of its National Pollutant Discharge Elimination System (NPDES) Permit No. IN 0021075 (the Permit):
A. Pursuant to 327 IAC 5-2-8(1) and Part II.A.1 of the Permit, the Town of Hartsville 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 327 IAC 5-2-13 and Part I.A.1 of the Permit, monitoring of the effluent flow from Outfall 001 must be conducted at a minimum frequency of 5 days per week.
Pursuant to Part I.B.3 of the Permit, the Town of Hartsville is required to report monitoring results to IDEM, using Discharge Monitoring Reports (DMRs) and Monthly Reports of Operation (MROs).
IDEM records, which include DMRs and MROs submitted by the Town of Hartsville for May 2002 through May 2003, indicate that the Town of Hartsville has failed to monitor and report the effluent flow from Outfall 001 from May 24, 2002 through May 31, 2003.
The Town of Hartsville’s failure to monitor and report the final effluent flow is in violation of 327 IAC 5-2-8(1), Part II.A.1 of the Permit, 327 IAC 5-2-13 and Part I.A.1 of the Permit, and Part I.B.3 of the Permit.
B. Pursuant to IC 13-30-2-1, 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, the Town of Hartsville is required to comply with all terms and conditions of the Permit.
Pursuant to Part I.A.1 of the Permit, the Town of Hartsville is required to comply with the effluent limitations applicable to the discharge from Outfall 001.
DMRs and MROs submitted by the Town of Hartsville to IDEM for the period from May 2002 through May 2003, reveal that the Town of Hartsville failed to comply with effluent limitations applicable to the discharge from Outfall 001 as follows:
The daily minimum effluent requirement for Dissolved Oxygen (D.O.) was violated during May, June, July, August, October, November of 2002, and during April of 2003.
The daily maximum effluent requirement for pH was violated during June, July, August, September, October, and December of 2002, and during January of 2003.
The daily minimum effluent requirement for pH was violated during June of 2002.
The weekly average concentration effluent limitation for Total Ammonia Nitrogen was violated during May, June, July, August, September, and October of 2002, and during January of 2003.
The monthly average concentration effluent limitation for Total Ammonia Nitrogen was violated during May, June, July, August, September, and October of 2002, and during January of 2003.
The weekly average concentration effluent limitation for Total Suspended Solids (TSS) was violated during May of 2002.
The weekly average concentration effluent limitation for Carbonaceous Biochemical Oxygen Demand (CBOD5) was violated during July of 2002.
The monthly average concentration effluent limitation for CBOD5 was violated during July of 2002.
The daily maximum effluent requirement for Escherichia coli bacteria (E. coli) was violated during May, June, July, August, and September of 2002, and during May of 2003.
The monthly average effluent requirement for E. coli was violated during June and July of 2002.
The Town of Hartsville's failure to comply with the effluent limitations contained in the Permit is in violation of IC 13-30-2-1, 327 IAC 5-2-2, 327 IAC 5-2-8(1), Part II.A.1 of the Permit, and Part I.A.1 of the Permit.
As noted above, the Town of Hartsville's flow meter was not operational from May 24, 2002 through May 31, 2003. Therefore, the Town of Hartsville did not monitor and report actual daily flows, and did not calculate and report actual loadings for TSS, Total Ammonia Nitrogen, and BOD5. However, from May 2002 through May 2003, the Town of Hartsville estimated and reported the effluent flows, and used the estimated flows to calculate and report loadings, except for the month of April 2003. During April 2003 the Town of Hartsville did not report any flows or loadings. For the months from May 2002 through May 2003 when the Town of Hartsville estimated daily flows and used the estimated flows to calculate and report loadings, the DMRs and MROs submitted by the Town of Hartsville to IDEM, reveal that the Town of Hartsville failed to comply with final effluent loading limitations applicable to the discharge from Outfall 001 as follows:
The weekly average loading effluent limitation for Total Ammonia Nitrogen was violated during May, June, July, August, September, and October of 2002, and during January of 2003.
The monthly average loading effluent limitation for Total Ammonia Nitrogen was violated during May, June, July, August, September, and October of 2002, and during January of 2003.
The weekly average loading effluent limitation for TSS was violated during May of 2002.
The monthly average loading effluent limitation for TSS was violated during May of 2002.
The weekly average loading effluent limitation for CBOD5 was violated during July of 2002.
The monthly average concentration effluent limitation for CBOD5 was violated during July of 2002.
The Town of Hartsville's failure to comply with the loading effluent limitations contained in the Permit is in violation of IC 13-30-2-1, 327 IAC 5-2-2, 327 IAC 5-2-8(1), Part II.A.1 of the Permit, and Part I.A.1 of the Permit.
C. Pursuant to 327 IAC 5-2-8(1) and Part II.A.1 of the Permit, the Town of Hartsville 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 327 IAC 5-2-8(8) and Part II.B.1 of the Permit, the Town of Hartsville is required to, at all times, maintain in good working order and efficiently operate all waste collection, control, treatment, and disposal facilities.
During IDEM inspections of the Town of Hartsville’s WWTP conducted on May 15, 2002, September 4, 2002, and March 20, 2003, the operation and maintenance were rated as unsatisfactory based on numerous deficiencies, including excessive inflow and infiltration into the sanitary sewers during wet weather, severe hydraulic overloading, evidence of sewage overflowing the treatment system onto the ground, rust damage, air leaks, an old inoperable aeration tank that has floated out of the ground but remains on site, an over-heating blower, and heavy solids build up in the clarifier.
The Town of Hartsville’s failure to maintain in good working order and efficiently operate all waste collection, control, treatment, and disposal facilities, is 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 327 IAC 5-2-8(1) and Part II.A.1 of the Permit, the Town of Hartsville 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.B.4 of the Permit, the Town of Hartsville is required to dispose of solids, sludges, filter backwash, or other pollutants removed from or resulting from treatment or control of wastewaters in a manner such as to prevent any pollutant from such materials from entering waters of the State and to be in compliance with all Indiana statutes and regulations relative to liquid and/or solid waste disposal.
During the IDEM inspection of the Town of Hartsville’s WWTP conducted on March 20, 2003, the sludge disposal at the facility was evaluated as unsatisfactory based on deficiencies including poor sludge handling practices.
The Town of Hartsville’s unsatisfactory sludge disposal is in violation of 327 IAC 5-2-8(1), Part II.A.1 of the Permit, and Part II.B.4 of the 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 Terry Ressler, case manager, at 317/232-8433 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: _______________ __Signed 10/16/03______
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: U.S. E.P.A., Region 5
Bartholomew County Health Department