NOTICE OF VIOLATION
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Via Certified Mail #: |
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To: |
Mr.
Max Rynearson, Owner 16840
Little |
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Case No. 2006-16330-W
Based on an investigation on August 31, 2006, the Indiana Department of
Environmental Management (“IDEM”) has reason to believe Max Rynearson, owner of
the
1.
Respondent owns
and/or operates the Tall Timbers Mobile Home Park wastewater treatment plant
(WWTP) located at 15042 East State Road 32, approximately one mile east of
Durbin in Hamilton County, Indiana (the “Site”).
2.
The Respondent
is authorized by National Pollutant Discharge Elimination System (NPDES) Permit
Number IN 0025526 (Permit) to discharge 0.012 MGD of wastewater treated in
accordance with the terms and conditions of the NPDES Permit from his WWTP into
Receiving Waters consisting of a field tile to E.O. Michaels Drain to an
unnamed tributary to
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 March 2004 through September 2006 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 and weekly average loading limitations for ammonia-nitrogen
(NH3-N) for the months of March 2004; January and February 2005; and
January, February, April, May, June, and September 2006.
B.
The monthly and weekly average concentration limitations for
NH3-N for the months of March, August, and December 2004; and
February, March, April, May, June, July, August, and September 2006.
C.
The monthly and weekly average loading limitations for Total
Suspended Solids (TSS) for the months of November 2004; January and December
2005; and January, February, and March 2006.
D.
The monthly and weekly average concentration limitations for
TSS for the months of September and December 2005; and January, March, May,
June, July, August, and September 2006.
E.
The monthly and weekly average loading limitations for
Carbonaceous Biochemical Oxygen Demand (CBOD) for the months of June and
November 2004; and March 2006.
F.
The monthly and weekly average concentration limitations for
CBOD for the months of June 2004; November 2005; and March, May 2006.
G.
The minimum daily concentration limitation for Dissolved
Oxygen (DO) for the month of August 2006.
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 NH3-N, TSS, and CBOD effluent limitation
violations specified in Item 3 above;
B.
IDEM’s documentation on its inspection report of thick solid
scum covering the clarifier, overflowing the weirs, and in excess in the filter
and contact tank, and there were no indications that a disinfection system was
operating on June 29, 2005;
C.
IDEM’s documentation on its inspection report of heavy scum
cover on the secondary clarifier and no disinfection of the effluent on August
31, 2006;
D.
IDEM’s documentation on its inspection report of grab sample
results that exceeded maximum permit effluent limits for NH3, DO, TSS, CBOD,
and E.coli on August 31, 2006;
E.
IDEM’s documentation on its inspection report of the WWTP
not having adequate operating staff because the conditions observed and grab
sample analysis indicated the facility was not being properly maintained on
August 31, 2006.
F.
The Indiana State Department of Health documentation on its
inspection report of raw sewage discharged on the ground surface from at least
two 4-inch cleanouts around lots 38, 49 and the nearby dumpster area on
November 1, 2006.
5.
Pursuant to 327 IAC
2-1-6(a)(1) and Part I.A.2 of the Permit, all waters at all times and at all
places, including the mixing zone, shall meet certain minimum conditions,
including but not limited to, 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.
That are in amounts sufficient to be unsightly or
deleterious; or
C.
That produce color, visible oil sheen, odor, or other
conditions in such degree as to create a nuisance.
The Respondent allowed
wastewater sludge solids to enter the Receiving Waters from Outfall 001 that
was in an amount sufficient to be unsightly or deleterious, and/or that produce
color, visible oil sheen, odor, or other conditions in such degree as to create
a nuisance, as evidenced in IDEM’s documentation on its inspection report of
observations and grab sample analysis results on August 31, 2006, and
Respondent’s Discharge Monitoring Reports as referenced in Item 3 above.
6. Pursuant
to Part I.A. 1, Table 2 of the Permit, E.coli monitoring is required as
a weekly grab sample. Pursuant to 327
IAC 5-2-14(a) and Part I.B.6 of the Permit, for each measurement or sample
taken pursuant to the requirements of the permit, the Respondent must record
the following information:
a. The
exact place, date, and time of sampling;
b. The
person(s) who performed the sampling or measurements;
c. The
dates the analyses were performed;
d. The
person(s) who performed the analyses;
e. The
analytical techniques or methods used; and
f. The
results of all required analyses and measurements.
A review by IDEM representatives of the Respondent's Discharge Monitoring
Reports and Monthly Reports of Operation during April through October 2006
revealed that the Respondent failed to record the required E.coli sampling
and analysis results. The Respondent's
failure to provide required analysis results is in violation of Part I.A.1 and
Part I.B.6 of the Permit, 327 IAC 5-2-8(1), and 327 IAC 5-2-14(a).
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
actions required to correct the violations and, as necessary and appropriate,
for the payment of a civil penalty. The
Commissioner is not required to extend this offer for more than sixty (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 sixty (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 Paul Cluxton
at 317/232-8432 within fifteen (15) days after receipt of this Notice to
discuss resolution of this matter or to schedule a settlement conference.
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For the Commissioner: |
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Date: |
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Signed
January 23, 2007 |
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Lori Kyle Endris |
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cc: William R. Goodner, Operator
Hamilton County Health Department