Industrial Services Management, Inc.
2101 Highway 69 South
P.O. Box 608
Mt. Vernon, IN 47620
Case No. 2003-13335-W
Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), Industrial Services Management, Inc., as owner of a maintenance facility with a truck washing operation and wastewater treatment facilities located at 1000 Mackey Ferry Road, Mt. Vernon, in Posey County, Indiana, has been determined to be in violation of the following environmental rules and provisions of National Pollutant Discharge Elimination System (NPDES) Permit No. 0060160 (the "Permit"):
Pursuant to 327 IAC 5-3-2 and Part II.A.6 of the Permit, persons currently discharging pollutants under an existing NPDES permit shall submit a new application at least 180 days prior to the expiration date of the existing permit, unless a later date is allowed by the commissioner. Industrial Services Management, Inc. failed to submit a new NPDES Permit application by December 31, 2002, which was at least 180 days prior to the expiration of the previously existing NPDES Permit which expired on June 30, 2003, in violation of 327 IAC 5-2-8, 327 IAC 5-3-2 and Parts II.A.1 and II.A.6 of the Permit.
B. Pursuant to 327 IAC 5-2-15, the NPDES Permit requires Industrial Services Management, Inc. to submit Discharge Monitoring Reports (DMRs) to the commissioner. These reports shall be submitted as often as required by the permit and shall include the results of any monitoring specified by the permit pursuant to 327 IAC 5-2-13. Failure to comply with any of these reporting requirements constitutes a violation of the permit. Industrial Services Management, Inc. failed to submit the required Discharge Monitoring Reports for its facility for the months of April 2001 through July 2003, in violation of the Permit.
C. Pursuant to 327 IAC 5-2-22, all reports required by the permit required
by the commissioner must be signed by a duly authorized person, and must
be certified as accurate. Industrial Services Management, Inc. failed to
have the Discharge Monitoring Reports for September 2000 through March
2001 signed by a duly authorized person and certified as accurate, in violation
of 327 IAC 5-2-22.
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.
Please contact Paul Cluxton at 317/232-8432 within 15 days after receipt of this Notice regarding your intent to settle this matter and/or to request a conference.
For the Commissioner:
Date: _______________ ___(Signed October 2, 2003)_
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: John Rohlman, Industrial Services Mgt.
Posey County Health Department
http://www.in.gov/idem/enforcement