NOTICE OF
VIOLATION
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Via Certified
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To: |
Mr. Robert Gray, President |
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Case No.
2005-14602-W
Based on an investigation, the Indiana Department
of Environmental Management (IDEM) has reason to believe that the Town of
1.
Respondent owns and operates a minor municipal
wastewater treatment facility located south of U.S. 24 on State Road 105, in
2.
Pursuant to 327 IAC
3.
Pursuant to 327 IAC
4.
Pursuant to 327 IAC 5-2-8(11) and Part II.B.2 of
the Permit, the permittee may allow any bypass to
occur that does not exceed any effluent limitations contained in the NPDES
permit, but only if it also is for essential maintenance to assure efficient
operation. The permittee
must provide the commissioner with the following notice:
(i)
If the permittee knows
or should have known in advance of the need for a bypass (anticipated bypass),
it shall submit prior written notice. If possible, such notice shall be
provided at least ten days before the date of the bypass for approval by the
commissioner.
(ii)
The permittee shall
orally (or by facsimile) report an unanticipated bypass within 24 hours of becoming
aware of the bypass event. The permittee must also provide a written report within five
days of becoming aware of the bypass event.
Bypass is prohibited, and the
commissioner may take enforcement action against a permittee
for bypass unless the bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage, and there were no feasible alternatives to
the bypass, such as the use of auxiliary treatment facilities, retention of
untreated wastes, or maintenance during normal periods of equipment downtime.
5.
IDEM records review revealed that there were 25
days of wet-weather bypass/overflows at three different locations in the
Respondent’s collection system in 2003 and on 23 consecutive days during
January 2005. Excessive wet-weather
infiltration/inflow (I/I) was noted in the 100% designed sanitary sewer
collection system, during a January 27, 2005 IDEM inspection, when hydraulic
overload created bypass conditions at Outfall 002, a.k.a. the Main Plant
Bypass, also resulting in untreated sewage entering to the Wabash River. These bypasses were avoidable, and therefore
the Respondent is in violation of 327 IAC
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.
During the bypasses noted above, the Respondent
ran, drained, or disposed of wastewater, an organic matter, into waters of the
state, including the Wabash River, in a manner that violated 327 IAC 5-2-8(1),
327 IAC 5-2-8(8), and 327 IAC 5-2-8(11), and therefore is also in violation of
IC 13-18-4-5.
8.
Pursuant to IC 13-30-2-1, no person may
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 or into
any publicly owned treatment works in any form which causes or would cause
pollution that violates or would violate rules, standards, or discharge or
emission requirements adopted by the appropriate board under the environmental
management laws.
9.
During the bypasses noted above, the Respondent
discharged, emitted, or caused or allowed the discharge or emission of
wastewater, a contaminant or waste, into the environment in a form that caused
pollution in violation of 327 IAC 5-2-8(1), 327 IAC 5-2-8(8) and 327 IAC
5-2-8(11) and therefore is also in violation of IC 13-20-2-1.
10.
Pursuant to Part I.A.1. of
the Permit, the Respondent is required to meet flow monitoring requirements and
effluent limitations for parameters including carbonaceous Biochemical Oxygen
Demand, five day (CBOD5), Total Suspended Solids (TSS), and pH.
11.
Pursuant to Part I.B.3. of
the Permit, the Respondent is required to submit monitoring reports to IDEM
containing results obtained during the previous month and shall be postmarked
no later than the 28th day of the month following each completed
monitoring period.
12.
IDEM records for the period between November
2004 and May 2005 indicate that the Respondent failed
to report flow data and results pertaining to effluent limitations for the
following parameters: TSS, CBOD5, and pH
for the month of January 2005.
Respondent’s failure to report flow data and results pertaining to
effluent limitations is in violation of 327 IAC
In accordance with IC 13-30-3-3, the
Commissioner is required to notify an alleged violator in writing that a
violation may exist and offer an opportunity to enter into an Agreed Order
providing for the actions 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.
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 Dave Knox at 317/233-5975
within 15 days after receipt of this Notice regarding your intent to settle
this matter. If you are willing to
resolve this matter as provided for in the enclosed Agreed Order, please sign
and return it to the Office of Enforcement at the above address within the
sixty (60) day settlement period.
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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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Enclosure
cc: Huntington County
Health Department (w/o enclosure)