NOTICE OF VIOLATION

 

Via Certified Mail #:

                         

To:

Mr. Gene Reese, President

                  

Town Council of Walkerton

                  

510 Roosevelt Road

                  

Walkerton, IN  46574

 

Case No. 2003-13732-W

 

Based on an investigation, the Indiana Department of Environmental Management (IDEM) has reason to believe that the Town of Walkerton (Respondent) has violated environmental statutes, rules and/or permit.  The violations are based on the following:

 

1.                  The Respondent is the Town of Walkerton (Respondent), which owns and operates a publicly owned treatment works (POTW) comprised of 60% combined sanitary and storm sewer by design, without any combined sewer overflows or bypass outfalls, and a 0.364 MGD continuous discharge, 3-cell, aerated waste stabilization lagoon type wastewater treatment plant (WWTP) located at 204 Adams Street, an 1/8th of a mile north of U.S. Highway 6, in Walkerton, St. Joseph County, Indiana (Site).  The WWTP contains two emergency bypasses, one from lagoon #2 (Outfall 002) and one from lagoon #3 (Outfall 003).

 

                        The Respondent is authorized by National Pollutant Discharge Elimination System (NPDES) Permit No. IN0040690 (“the Permit”) to discharge treated  wastewater from its municipal WWTP via Outfall 001 to receiving waters named Pine Creek, thence to the Kankakee River, in accordance with effluent limitations, monitoring requirements, and other conditions set forth therein.

 

2.                  Pursuant to 327 Indiana Administrative Code (IAC) 5-2-8(1) and Part II.A.1 of the Permit, the permittee shall comply with all terms and conditions of its permit.

Part I.A.1 of the Permit contains numeric effluent limitations and monitoring requirements applicable to the discharge from the WWTP via Outfall 001.

Discharge Monitoring Reports (DMRs) submitted by the Respondent to IDEM for the period of April 2002 through January 2005 reveal that the Respondent failed to comply with applicable effluent limitations as follows:

The monthly average loading limitations in pounds per day for ammonia-nitrogen (NH3-N) for the months of May 2004 and August 2004.

The monthly average concentration limitations for NH3-N for the months of  January 2003, February 2003, March 2003, May 2003, February 2004, March 2004, April 2004, May 2004, and August 2004.

 

The Respondent’s failure to comply with effluent limitations is in violation of 327 IAC 5-2-8(1) and Parts I.A.1 and II.A.1 of the Permit.

 

                        Pursuant to 327 IAC 5-2-12, the Respondent’s Permit contained a schedule of compliance requiring the Respondent, as permittee, to take specific steps to achieve expeditious compliance with applicable standards and limitations and  other requirements, including water quality-based limitations.  A schedule of compliance shall require compliance as soon as reasonably possible, but not later than an applicable statutory deadline or a deadline specified in a rule establishing applicable limitations, standards, or other requirements.

Part I.D of the Permit states that the Respondent, as permittee, shall achieve compliance with the final effluent limits in accordance with the Schedule of Compliance outlined below:

At the request of the Respondent, a Permit modification was issued by IDEM, effective April 1, 2001, to provide a one year extension of the previous two year Compliance Schedule deadline for Ammonia compliance.  The Respondent was now required to comply with the final Ammonia Nitrogen (NH3-N) limits no later than April 1, 2002.

The Respondent’s record, outlined in Paragraph 3 above, indicates noncompliance with Ammonia Nitrogen effluent limits of the Permit after the modified Permit Schedule of Compliance deadline, in violation of 327 IAC 5-2-8(1), 327 IAC 5-2-12, and Part II.A.1 and Part I.D of the Permit.

 

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that violations may exist and offers an opportunity to enter into an Agreed Order providing for the action 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.

 

As provided in IC 13-30-3-4, an alleged violator may enter into an Agreed Order without admitting that the violations occurred.  IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violations and avoidance of extensive litigation.  Timely settlement by Agreed Order may result in a reduced civil penalty.  Also, settlement discussions will allow the opportunity to present any mitigating factors that may be relevant to the violations.

 

If an Agreed Order is not entered into within 60 days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the actions that must be taken to correct the violations and requiring the payment of 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, case manager, at 317/232-8432, within 15 days after receipt of this Notice to discuss resolution of this matter.

 

    

                         

                         

For the Commissioner:

Date:

                         

                         

Signed on April 1, 2005

 

                         

                         

Matthew T. Klein

 

                         

                         

Assistant Commissioner

 

                         

                         

for Compliance & Enforcement

 

cc:       Mr. Jeff Zehner, Superintendent Wastewater (w/enclosures)
St. Joseph County Health Department (w/NOV only)
State Representative Jackie Walorski, HD 21 (w/enclosures)
Mr. Glenn Jerrell, WalkertonTown Council  (w/enclosures)
http://www.state.in.us/idem  (w/NOV only)