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NOTICE OF VIOLATION

    
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    
    
    

Case Nos. 2000-8874-S and 2000-8907-W

    Based on investigations by designated representatives of the Indiana Department of Environmental Management (IDEM), International Paper Company formerly known as Weston Paper and Manufacturing Company, located at 2401 Prairieton Road, Terre Haute, Vigo County, Indiana, was in violation of the following environmental statutes, rules, and permit:

Count I, Case No. 2000-8874-S

    The violations documented under Count I, Case No. 2000-8874-S, were found during a spill investigation conducted between January 11 and January 31, 2000.

    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.


Count II, Case No. 2000-8907-W

    A.    Weston Paper and Manufacturing Company was issued National Pollutant Discharge Elimination System (NPDES) Permit No. IN0003026 on November 28, 1990 with an effective date of January 1, 1991 and an expiration date of October 31, 1995. The NPDES permit provides, in part:

        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