NOTICE OF VIOLATION
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Via Certified Mail #: |
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To: |
Mr.
Kurt Keeney, President/CEO |
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SSK
Company Communities, d/b/a |
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Case No.
2004-13992-W
Based on an investigation, the Indiana Department of Environmental
Management (IDEM) has reason to believe SSK Company Communities,
d/b/a Berkshire Pointe MHP (Respondent) has violated environmental rules and
its permit. The violations are based on
the following:
1.
Respondent owns and operates a 0.03 million gallon
per day wastewater treatment plant with National Pollutant Discharge
Elimination System (NPDES) Permit No. IN0042005 (the "Permit") located off S.R. 64, 1.2 miles east of
the intersection of S.R. 64 and S.R. 135, New Salisbury, Indiana, in Harrison
County, Indiana (the "Site").
The Permit was modified
2.
Pursuant to 327 IAC
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 sections IC
13-18-4-1 and IC 13-18-4-3.
Part I.A.1 of the Permit contains the final effluent limitations, effective as
of
Discharge Monitoring Reports and Monthly Reports of
Operation submitted by the Respondent to IDEM for the period between March 2002
and December 2004 reveal that Respondent failed to meet final effluent
limitations contained in Part I.A.1 of the Permit as follows:
The weekly
average and monthly average concentration effluent limitations for Ammonia
Nitrogen were exceeded during August 2002, December 2003, and January, February,
March, April and June 2004.
The weekly average and monthly average concentration effluent limitations for
Total Suspended Solids were exceeded during March, April, and October 2002, and
March, April, August, October, November, and December 2004.
The weekly average and monthly average concentration effluent limitations for
Biochemical Oxygen Demand (BOD) were exceeded during March 2002, and January,
February, March, April, May, October, and November 2004.
The daily maximum E.coli effluent
limitation was exceeded during March, April, May, June, July, and November
2004.
The minimum Dissolved Oxygen effluent limitation was violated during March
2004.
The Respondent's failure to meet effluent
limitations contained in the Permit is in violation of IC 13-18-4-5, 327 IAC
3.
Pursuant to 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, the Respondent is
required to, at all times, maintain in good working order and efficiently
operate all waste collection, control, treatment, and disposal facilities.
During an inspection of the WWTP conducted by representatives of IDEM on
During an inspection of the WWTP conducted by a representative of IDEM on
During an inspection of the WWTP conducted by a representative of IDEM on May
2, 2003, observations, which included the following, were made: a) the flow
meter is two months past due for calibration; b) the permit compliance schedule
had not been complied with for implementing a new discharge point for the plant
effluent if dye testing is not done as required for the sink hole discharge.
During an inspection of the WWTP conducted by a representative of IDEM on March
22, 2004, observations, which included the following, were made: a) high flow
surges cause solids washouts to the sink hole, inflow and infiltration sources
should be found and eliminated; b) fine straggler floc
was going over the clarifier weirs and the chlorine contact tank contained
sludge and was gassing, causing sludge to rise to the surface.
During an inspection of the WWTP conducted by a representative of IDEM on October
21, 2004, observations, which included the following, were made: a) the
sinkhole pond had an accumulation of sludge; b) the effluent was turbid due to
sludge clumps going over the final weirs; c) lightning was recorded to have
struck a pump on October 18 resulting in the WWTP overflowing sludge onto the
ground and into the sink hole; d) the WWTP is rusting away and the air line is
leaking and needs to be replaced, as well as the sludge return lines; e)
according to flow records, inflow/infiltration in the sewage collection is a
problem.
These above noted failures to maintain in good working order and efficiently
operate all waste collection, control, treatment, and disposal facilities are
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.
In accordance with IC 13-30-3-3, the Commissioner
herein provides notice that a violation may exist and offers an opportunity to
enter into an Agreed Order providing for the action required to correct the
violation 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 violation occurred. IDEM encourages
settlement by Agreed Order, thereby resulting in quicker correction of the
environmental violation 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 violation.
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 violation 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.
To discuss this matter further, please contact Paul Cluxton at 317/232-8432 within 15 days after receipt of
this Notice to request a conference.
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For
the Commissioner: |
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Date: |
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Signed on |
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Matthew
T. Klein |
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Assistant
Commissioner for Compliance |
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&
Enforcement |
Enclosure
cc: Judy Phelps, Community Manager
Roger Hensley, Operator
Harrison County Health Department