NOTICE OF VIOLATION
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Via Certified Mail #: |
Via Certified Mail #: |
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To: |
ARC
Communities 19, LLC, d/b/a |
Corporation
Service Company, Registered Agent |
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Broadmore
MHC |
for
ARC Communities 19, LLC |
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600
Grant Steet, |
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Case No. 2005-14906-W
Based on an investigation, the Indiana Department of Environmental
Management (IDEM) has reason to believe that ARC Communities 19, LLC, d/b/a
Broadmore MHC (Respondent) has violated environmental statutes, rules, and its National
Pollutant Discharge Elimination System (NPDES) permit. The violations are based on the following:
1.
The Respondent owns and operates the Broadmore Estates
Mobile Home Court wastewater treatment plant (WWTP), located at 58874 SR 15,
Goshen, Elkhart County, Indiana (Site).
2.
The Respondent is authorized by NPDES Permit Number IN0038989
(the Permit) to discharge treated domestic wastewater from its WWTP via Outfall
001 into waters of the State named Pine Creek, in accordance with effluent
limitations, monitoring requirements, and other conditions set forth therein.
3.
Pursuant to 327
Part I.A.1 of the Permit contains numeric effluent limitations and monitoring
requirements applicable to the discharge from the WWTP via Outfall 001.
The Respondent failed to meet the numeric effluent limitations contained in the
Permit, as reported by the Respondent on Discharge Monitoring Reports (DMRs)
submitted from February 2004 through May 2005 and specified below, in violation
of 327 IAC 5-2-8(1) and Parts I.A.1 and II.A.1 of the Permit:
A.
The monthly average effluent limitation for E.Coli
for the months of April and October 2004.
B.
The maximum weekly average effluent limitation for E.Coli
for the months of April, June, and October 2004 and May 2005.
C.
The monthly average Total Suspended Solids percent removal
was violated in December 2004.
4.
Pursuant to 327 IAC 5-2-8(8), the permittee shall at all
times maintain in good working order and efficiently operate all facilities and
systems (and related appurtenances) for collection and treatment that are:
A.
Installed or used by the permittee; and
B.
Necessary for achieving compliance with the terms and
conditions of the permit.
Pursuant to Part II.B.1 of the Permit, all waste collection, control,
treatment, and disposal facilities shall be operated in a manner such that,
among other requirements, at all times, all facilities are operated as
efficiently as possible and in a manner which will minimize upsets and
discharges of excessive pollutants.
The Respondent failed to maintain its WWTP in good working order and/or to
operate its WWTP as efficiently as possible, evidenced as specified below, in
violation of 327 IAC 5-2-8(1), 327 IAC 5-2-8(8), and Parts II.A.1 and II.B.1 of
the Permit:
A.
The E. coli effluent limitation violations
specified in Item 3 above;
B.
IDEM’s documentation on its inspection report of the final clarifier discharging solids to the
tertiary lagoon because sludge had been allowed to accumulate at the weirs, one
aeration blower was not operational and needed repair, the tertiary polishing
pond had an excess accumulation of solids and sludge that was “gassing” and
there were floating mats of sludge and duckweed, there was no disinfection of
the effluent at the time of the inspection because the ultraviolet (UV) unit
was not plugged in and there was no bulb unit in the UV trough on October 7,
2004; and
C.
IDEM’s documentation on its inspection report of the final
tertiary lagoon having excessive solids build up and its banks were not being
maintained, the North East corner of the
lagoon had cement coated dirt walls that were breaking apart and leaking, there
was weakness at other locations around the lagoon where bricks and dirt had
been used to fill ground hog holes in the lagoon dike, a photograph was taken
by the IDEM Inspector showing the clarifier with floating sludge mats and
sludge being discharged over the effluent weirs, the UV control indicator
lights showed low intensity and failure on October 20, 2004; and
D.
IDEM’s documentation on its inspection report of ongoing
concern of excessive solids and off-gassing from sludge solids in the final
lagoon; and the lagoon was being bypassed on June 22, 2005.
5.
Pursuant to IC 13-30-2-1(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 (POTW) 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.
The Respondent’s violations of 327 IAC 5-2-8(1) by failing to meet the numeric
effluent limitations contained in the Permit, as referenced in Item 3 above,
and by failing to adequately treat discharges as referenced in Item 4 above,
caused or would have caused pollution.
Because the Respondent violated 327 IAC 5-2-8(1), a rule adopted by the
Water Pollution Control Board under the environmental management laws, in a
manner that caused or would have caused pollution, the Respondent also violated
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 13-30-3-3, 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 Mr. Paul Cluxton, Environmental
Manager, at 317/232-8432 within 15 days after receipt of this Notice to discuss
resolution of this matter.
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FOR
THE COMMISSIONER: |
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Date: |
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(Signed January 19, 2006) |
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Matthew
T. Klein |
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Assistant
Commissioner for |
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Compliance
and Enforcement |
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Enclosure |
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Cc: |
Donald
Stoeser, Maintenance Manager |
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Sorin
Mihalache, ARC District 7 Manager |
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Mike
Powell, Regional V.P. |
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Utility
Services Corporation, Certified Operator |
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Elkhart
County Health Department (NOV only) |
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http://www.state.in.us/idem (NOV only) |
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