NOTICE OF VIOLATION
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Via Certified Mail
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Via Certified Mail
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_______________________________ |
_______________________________ |
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To: |
Mr. John R. Alm, President |
Corporation Service Company, Registered Agent |
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Coca-Cola
Enterprises, Inc. |
Coca-Cola
Enterprises, Inc. |
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2500 Windy |
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Case No. 2004-14287-W
Based on an investigation, the Indiana Department of Environmental Management (IDEM) has reason to believe Coca-Cola Enterprises, Inc. (Respondent) has violated environmental rules and its permit. The violations are based on the following:
1.
Respondent owns and/or operates a soft
drink bottling company known as Tri-State Coca-Cola Bottling Company with
Industrial Wastewater Pretreatment (IWP) Permit No. INP000160 (the
"Permit") located at
2. Pursuant to 327 IAC
Part
I.A.1 of the Permit contains the monitoring requirements applicable to the
discharge from the Respondent’s WWTP Outfall 001 into the City of
Discharge
Monitoring Reports (DMR) and Monthly Reports of Operation submitted by the
Respondent to IDEM for the period between December 2001 and April 2004 reveal
that Respondent failed to report daily maximum concentration of Biochemical
Oxygen Demand (BOD) and Total Suspended Solids (TSS) at the frequency required
in Part I.A.1 of the Permit as follows:
Week of:
The Respondent's failure to comply with these monitoring
requirements contained in the Permit is in violation of 327 IAC
3. Pursuant to 327 IAC 5-21-4(1), 327 IAC 5-21-6(a)(1), and Part I.C.4 of the Permit, the Respondent is required to comply with test procedure analytical methods that conform to 40 CFR 136, current version.
The Respondent failed to use proper technique to monitor BOD during the months of November 2002, January 2003, September 2003, November 2003, December 2003, and January 2004, in violation of 327 IAC 5-21-4(1), 327 IAC 5-21-6(a)(1), and Part I.C.4 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.
Please contact Paul Cluxton at 317/232-8432 within 15 days after receipt of this Notice regarding your intent to settle this matter.
For the Commissioner:
Signed on
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
Enclosure
cc: Ronald Stockton, Plant Manager
Byron Broussard, Director of Operation