Via Certified Mail# _______________ Via Certified Mail#_______________
To: John T. Dillon, President CT Corporation System, Registered Agent
International Paper Company One North Capitol
Two Manhattanville Road Indianapolis, IN 46204
Purchase, NY 10577
A. Pursuant to 327 IAC 6.1-1-3(b), a land application permit is required for the
disposal in Indiana of pollutant-bearing water by application upon or
incorporation into the soil. This violation is based on the fact that International
Paper Company land applied industrial process wastewater (spent pulping liquor),
which is considered pollutant bearing water, without a land application permit.
B. Pursuant to 327 IAC 6.1-7-1(b), any application of industrial process wastewater
to the land is prohibited unless a valid site-specific land application permit in
accordance with 327 IAC 6.1-1-3(b) has been obtained. This violation is based on
the fact that International Paper Company land applied industrial process
wastewater (spent pulping liquor) without a land application permit.
C. Pursuant to 327 IAC 5-2-2, any discharge of pollutants into waters of the state as
a point source discharge is prohibited, unless in conformity with a NPDES Permit
obtained prior to the discharge. This violation is based on the fact that
International Paper Company had an unpermitted discharge of spent pulping
liquor into the Wabash River due to a spill that occurred on January 11, 2000.
D.
Pursuant to 327 IAC 2-1-6(a)(1), all waters at all times and at all places, including
the mixing zone, shall meet the minimum conditions of being free from
substances, materials, floating debris, oil or scum attributable to municipal,
industrial, agricultural, and other land use practices or other discharges that will
settle to form putrescent or otherwise objectionable deposits, that are in amounts
sufficient to be unsightly or deleterious, that produce color, odor or other
conditions in such degree as to create a nuisance. This violation is based on the
fact that International Paper Company discharged spent pulping liquor into the
Wabash River due to a spill that occurred on January 11, 2000.
E. 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 this state, or to 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 Sections 1 and 3 of this chapter. This violation is based on
the fact that the International Paper Company discharged spent pulping liquor into
the environment in violation of rules adopted by the boards.
F.
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 in any
form which causes or would cause pollution which violates or which would
violate rules, standards, or discharge or emission requirements adopted by the
appropriate board under the environmental management laws. This violation is
based on the fact that International Paper Company discharged spent pulping
liquor into the environment in violation of rules adopted by the boards.
G. Pursuant to IC 13-30-2-1(3), no person may deposit any contaminants upon the
land in a place and manner that creates or would create a pollution hazard that
violates or would violate a rule adopted by one (1) of the boards. This violation is
based on the fact that International Paper Company land applied spent pulping
liquor, a contaminant, in violation of rules adopted by the boards.
1. The discharge shall not cause excessive foam in the receiving waters. The
discharge shall be essentially free of floating and settleable solids. (Part
I.A.1 and I. A.2[4]b.)
2. The discharge shall not contain oil or other substances in amounts
sufficient to create a visible film or sheen on the receiving waters. (Part
I.A.1 and I.A.2[4]c.)
4. Samples taken in compliance with the monitoring requirements above
shall be taken at a point representative of the discharge but prior to entry
into the Wabash River via unnamed ditch. (Part I.A.2[4]e.)
B. Pursuant to 327 IAC 5-2-8(1), the permittee shall comply with all terms and
conditions of its NPDES permit; any permittee non-compliance constitutes a
violation of the Clean Water Act (CWA) and the Environmental Management Act
(EMA) and is grounds for enforcement action.
This violation is based on the fact
that the discharge from International Paper Company (Outfall 001) has produced
color and foam in the receiving water on an ongoing basis.
C. Pursuant to 327 IAC 2-1-6(a)(1), all surface waters at all times and at all places,
including the mixing zone, shall meet the minimum conditions of being free from
substances, materials, floating debris, oil or scum attributable to municipal,
industrial, agricultural, and other land use practices or other discharges that will
settle to form putrescent or otherwise objectionable deposits, that are in amounts
sufficient to be unsightly or deleterious, that produce color, odor or other
conditions in such degree as to create a nuisance, which are in amounts sufficient
to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other
animals, plants, or humans. This violation is based on the fact that the discharge
from International Paper Company (Outfall 001) has produced color and foam in
the receiving water on an ongoing basis.
D. 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 in any
form which causes or would cause pollution which violates or which would
violate rules, standards, or discharge or emission requirements adopted by the
appropriate board under the environmental management laws.
This violation is
based on the following; The discharge from International Paper Company (Outfall
001) has produced color and foam in the receiving water on an ongoing basis in
violation of rules and discharge requirements. Construction of a portion of the
wastewater treatment facility in a flood plain creates the threat of the release of
pollutants from the wastewater treatment facility to the Wabash River when the
river level rises, which would violate rules, standards, or discharge requirements.
E. 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 this state, or to 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 Sections 1 and 3 of this chapter.
This violation is based on
the fact that the discharge from International Paper Company (Outfall 001) has
produced color and foam in the receiving water on an ongoing basis, in violation
of rules and discharge requirements
.
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 sixty (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 sixty (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.
To discuss this matter further, please contact Ms. Christina Sorensen at 317/233-1190
within fifteen (15) days after receipt of this Notice to request a conference. If settlement is
reached, an Agreed Order will be prepared and sent for review and signature.
For the Commissioner:
Date: _______________ Signed 3/2/00_________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
cc: Vigo County Health Department
Jim Filippini, Chief
Compliance Section 2
U.S. EPA Region V, Water Section
International Paper Company, Public File (Z File), Vigo County
Converted by Andrew Scriven