005                   West Side Lift Station                    Hogan Creek

            SShould any discharge occur, the Respondent is required to notify the Indiana Department of Environmental Management within 24 hours, by calling 317/232-8795 during regular business hours or 317/233-7745 during non-business hours, and in writing within five days of the event.  The correspondence shall include the duration and cause of discharge as well as remedial action taken to eliminate it.

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

4.4)                 An IDEM investigation was conducted at the Site on March 23, 2004.  Remnants of raw sewage were observed in Stoney Lonesome Creek, directly adjacent to the Sanitary Sewer Overflow (“SSO”) Outfall #003.  No SSO bypass report had been received by IDEM for the discharge.  A review of records at Respondent’s Utilities Office indicated numerous incidents of SSO discharge events at all of the SSO Outfalls listed in Attachment A of the Permit during 2002, 2003, and 2004, and these events had not been reported  as required by Attachment A of the Permit, in violation of IAC 327 5-2-8(1), Part II.A.1 of the Permit and Attachment A of the Permit.

 5.       

5)                 Pursuant to 327 IAC 2-1-6(a)(1), all waters at all times and at all places, including the mixing zone, shall meet the minimum conditions of being free from substances, materials, floating debris, oil or scum attributable to municipal, industrial, agricultural, and other land use practices, or other discharges:

A)                that will settle to form putrescent or otherwise objectionable deposits;

B)                            B)  that are in amounts sufficient to be unsightly or deleterious;

C)                that produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance;

D)                which are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants or humans; and

E)                which are in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such a degree as to create a nuisance, be unsightly, or otherwise impair the designated uses.

6)                 6.         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 IC 13-18-4-1 and IC 13-18-4-3.

7)                 7.         An IDEM investigation was conducted on March 23, 2004.  Remnants of raw sewage were observed in Stoney Lonesome Creek, directly adjacent to the Sanitary Sewer Overflow (SSO) Outfall #003.  A review of records at Respondent’s Utilities Office indicated numerous incidents of SSO discharge events at all of the SSO Outfalls listed in Attachment A of the Permit during 2002, 2003, and 2004. The sewage discharges are deleterious and produce conditions in such degree as to create a nuisance..  Furthermore, because the Respondent allowed sewage to pollute waters of the state, and because the Respondent violated 327 IAC 2-1-6, which is a rule adopted by the Water Pollution Control Board pursuant to IC 13-18-3, the Respondent is in violation of IC 13-18-4-5.

8)                 8.         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 which causes or would cause pollution which violates rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws.         

9)                 9.         An IDEM investigation was conducted on March 23, 2004.  Remnants of raw sewage were observed in Stoney Lonesome Creek, directly adjacent to the Sanitary Sewer Overflow (SSO) Outfall #003.  A review of records at Respondent’s Utilities Office indicated numerous incidents of SSO discharge events at all of the SSO Outfalls listed in Attachment A of the Permit during 2002, 2003, and 2004. The sewage discharges are deleterious and produce conditions in such degree as to create a nuisance.  Furthermore, b The sewage discharges are deleterious and produce conditions in such a degree to create a nuisance.  Furthermore, because the Respondent allowed sewage to pollute waters of the state, and because the Respondent violated 327 IAC 2-1-6, which is a rule adopted by the Water Pollution Control Board pursuant to IC 13-18-3IC 13-18-3, , the Respondent is in violation of IC 13-30-2-1.

10)             An IDEM review of SSO reports from Respondent for the period since the March 2004 inspection reveals numerous SSO discharge events related to Ohio River flooding conditions in April, May, June, September and December 2004.  In addition, Respondent reported discharges from SSO Outfall 003 at the Cochran Street lift station of 5,000 gallons on August 4, 2004, due to a 1-inch rain, 25,000 gallons on August 26, 2004, due to rain, 10,000 gallons on November 22, 2004, due to a 1-inch rain, 10,000 gallons on November 24, 2004, due to rain.  These discharges are in violation of Attachment A of the Permit, 327 IAC 2-1-6(a)(1), IC 13-18-4-5, and IC 13-30-2-1.

10.       An IDEM review of SSO reports from Respondent for the period since the March 2004 inspection reveals numerous SSO discharge events related to Ohio River flooding conditions in April, May, June, September, and December 2004.  In addition, Respondent reported discharges from SSO Outfall 003 at the Cochran Street lift station of 5,000 gallons on August 4, 2004, due to a 1-inch rain, 25,000 gallons on August 26, 2004, due to rain, 10,000 gallons on November 22, 2004, due to a 1-inch rain, 10,000 gallons on November 24, 2004, due to rain.  These discharges are in violation of Attachment A of the Permit, 327 IAC 2-1-6(a)(1), IC 13-18-4-5, and          IC 13-30-2-1.

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.