NOTICE OF VIOLATION
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Via Certified
Mail No.: |
Via Certified
Mail No.: |
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James P.
McGee |
Business
Commercial Registered Agent |
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Town Council
President |
Registered
Agent |
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Town of Burns
Harbor |
ArcelorMittal
Burns Harbor LLC |
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1240 North
Boo Road |
334 North
Senate Avenue |
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Burns Harbor,
Indiana 46304 |
Indianapolis,
Indiana, 46204 |
Case No. 2020-27402-W
Pursuant to Indiana Code (IC) 13-30-3-3, the Indiana
Department of Environmental Management (IDEM) issues this Notice of
Violation. Based on an investigation and
as documented in Inspection Summary Letters dated September 18, 2017, March 22,
2019, and March 5, 2020, IDEM has reason to believe that the Town of Burns
Harbor and ArcelorMittal Burns Harbor LLC (Respondents)
have violated environmental rules. The violations are based on the following:
1.
Respondents
own/operate the Town of Burns Harbor and ArcelorMittal Burns Harbor LLC
Sanitary Treatment Plant, located at U.S. Highway 12 and State Road 149 Intersection,
Burns Harbor, Porter County,
Indiana (the Site).
2.
Respondents
are authorized by National Pollutant Discharge Elimination System (NPDES) Permit
Number INJ060801 (the Permit) to discharge wastewater treated in accordance
with the terms and conditions of the NPDES Permit from the Wastewater Treatment
Plant (WWTP) into the wastestream regulated under
NPDES Permit Number IN0000175 owned and/or operated by ArcelorMittal Burns
Harbor LLC, via Outfall 031.
3.
Pursuant
to 327 Indiana Administrative Code (IAC) 5-2-8(1) and Part II.A.2 of the Permit,
the co-permittees shall comply with all terms and conditions of the Permit. Any
permit noncompliance constitutes a violation of the Clean Water Act and IC 13 and
is grounds for enforcement action by IDEM.
4.
Pursuant
to Part I.A.1 of the Permit, the co-permittees are required to comply with the
monitoring requirements contained in the Permit, including effluent limitations.
Discharge
Monitoring Reports (DMRs) and Monthly Reports of Operation (MROs) submitted by
Respondents for the period of May 2017 through May 2020 revealed violations of
effluent limitations contained in Part I.A.1 of the Permit as follows:
A.
The
daily maximum concentration limitation for total suspended solids (TSS) was
exceeded during June 2018; May and June 2019; and March and May 2020.
B.
The
monthly average concentration limit for TSS was exceeded during June 2019.
C.
The
daily maximum concentration limitation for TBOD was exceeded during May and
June 2019.
Respondents
failed to comply with the effluent limitations from Outfall 031 contained in the
Permit, in violation of Part I.A.1 of the Permit.
5.
Pursuant
to Part I.B.3 of the Permit, co-permittees shall submit accurate monitoring
reports to IDEM containing results obtained during the previous monitoring period
and shall be postmarked no later than the 28th day of the month following each completed
monitoring period. The first report shall be submitted by the 28th day of the month
following the monitoring period in which the permit becomes effective. These reports
shall include, but not necessarily be limited to, the DMR and the MRO.
Respondents
failed to complete the Man-Hours at Plant, Temperature, Precipitation, Bypass
at Plant Site, and Collection System Overflow columns of the Monthly Monitoring
Report (MMR) for January 2015 through December 2019; in violation of Part I.B.3
of the Permit.
6.
Pursuant
to 327 IAC 5-2-8(12)(D) and Part II.B.2.b of the Permit, bypassing is
prohibited, and the Commissioner may take enforcement action against a permittee
for bypass unless certain conditions are met.
Respondents
failed to prevent unpermitted bypassing during three overflow events in 2017, seven
overflow events in 2018, two overflow events in 2019, and one overflow event in
2020; each in violation of 327 IAC 5-2-8(12)(D) and Part II.B.2.b of the Permit.
Most of the overflows were caused by excessive hydraulic loading resulting from
excessive inflow/infiltration in the collection system.
7.
Pursuant
to 327 IAC 5-2-8(3) and Part II.A.3 of the Permit, co-permittees shall take all
reasonable steps to minimize or correct any adverse impact to the environment
resulting from noncompliance with the Permit, during periods of noncompliance,
the co-permittees shall conduct such accelerated or additional monitoring for the
affected parameters, as appropriate or as requested by IDEM, to determine the
nature and impact of the noncompliance.
Respondents
failed to conduct accelerated or additional monitoring for affected parameters
during the bypass/overflow events in 2017, 2018, 2019, and 2020; in violation
of 327 IAC 5-2-8(3) and Part II.A.3 of the Permit.
8.
Pursuant
to Part II.B.5 of the Permit, in order to maintain compliance with the effluent
limitations and prohibitions of the Permit, co-permittees shall either provide
an alternative power source sufficient to operate facilities utilized by the
co-permittees to maintain compliance with the effluent limitations and conditions
of the Permit, or shall halt, reduce or otherwise control all discharge in order
to maintain compliance with the effluent limitations and conditions of the Permit
upon the reduction, loss, or failure of one or more of the primary sources of
power to facilities utilized by the co-permittees to maintain compliance with
the effluent limitations and conditions of the Permit.
Respondents
have failed to provide an alternate power source to maintain compliance with
the effluent limitations and conditions of the Permit, in violation of Part
II.B.5 of the Permit.
9.
Pursuant
to Part II.B.1 of the Permit, co-permittees shall at all
times maintain in good working order and efficiently operate all
facilities and systems for collection and treatment that are installed or used
by the co-permittees and necessary for achieving compliance with the terms and
conditions of the Permit. The co-permittees shall operate the permitted facility
in a manner which will minimize upsets and discharges of excessive pollutants.
Respondents
have an inadequate preventative maintenance program and have failed to efficiently
operate all facilities and systems for collection and treatment as evidenced by
historic inflow and infiltration problems causing overflows and exceedances, in
violation of Part II.B.1 of the Permit.
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 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 David
Koehler at 317-232-8433 or dkoehler@idem.in.gov
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: ______________________ |
Signed
on February 4, 2021 |
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Samantha K.
Groce, Chief |
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Enforcement
Section |
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Office of
Water Quality |
cc: Porter County Health Department
Patrick
Gorman, Certified Operator, ArcelorMittal
Morgan Swanson, Environmental Engineer,
ArcelorMittal