Via Certified Mail# _______________        

To:    Mr. William Andy Kirchner, President             
    Town Council of Staunton
    P. O. Box 98
    Staunton, Indiana 47881-0098

          Pursuant to 327 IAC 5-2-8, your NPDES permit under Part II requires you to do the following:

        a.    Comply with all terms and conditions of the permit.
        b.    Take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with the permit.
        c.    Allow the commissioner, or an authorized representative, to enter the premises and have access to records, inspect the premises or collect samples, at reasonable times and upon presentation of appropriate credentials.
        d.    At all times maintain in good working order and efficiently operate all facilities and systems (and related appurtenances) for collection and treatment which are necessary for achieving compliance with the terms and conditions of the permit.
        e.    Comply with the monitoring, recording, and reporting requirements established in 327 IAC 5-2-13, 327 IAC 5-2- 14, and 327 IAC 5-2-15.

            Failure to comply with any of these requirements, pursuant to 327 IAC 5- 2-8, constitutes a violation of the Clean Water Act (CWA) and the Environmental Management Act (EMA) and the permit. You failed to meet the permit limits established for your facility in the NPDES Permit for Total Suspended Solids, Biochemical Oxygen Demand (BOD), Dissolved Oxygen, and Ammonia Nitrogen and properly maintain the sewage collection system and/or efficiently operate the equipment at your facility pursuant to 327 IAC 5-2-8, in violation of your NPDES Permit.
                
         Pursuant to 327 IAC 5-2-8(11)(D), and your NPDES permit under Part II.B.2., bypassing is prohibited, and the Commissioner may take enforcement action against a permittee for bypass unless certain conditions are met. Numerous bypasses of the municipal wastewater treatment system have occurred in violation of the NPDES permit and 327 IAC 5-2-8(11)(D).

         Indiana Code IC 13-18-4-5 provides, in part, that it is unlawful for any person to throw, run, drain, or otherwise dispose into any of the streams or waters of the 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 shall cause or contribute to a polluted condition of any waters. The bypasses of sewage, NPDES effluent violations, and the IDEM observation of sewage sludge in Sulfur Creek from the Town of Staunton sewage system on February 25, 1998, and March 1, 2000, constitute violations of IC 13-18-4-5.

         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:

            (a)    that will settle to form putrescent or otherwise objectionable deposits;

            (b)    that are in amounts sufficient to be unsightly or deleterious;

            (c)    that produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance;

            (d)    which are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants, or humans; and

            (e)    which are in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such degree as

to create a nuisance, be unsightly, or otherwise impair the designated uses.

        (2)    At all times, all waters outside of mixing zones shall be free of substances in concentrations which on the basis of available scientific data are believed to be sufficient to injure, be chronically toxic to, or be carcinogenic, mutagenic, or teratogenic to humans, animals, aquatic life, or plants. The NPDES effluent violations, bypasses, and observation by IDEM on February 25, 1998, and March 1, 2000, of sewage sludge deposits from the Town of Staunton wastewater system in Sulfur Creek constitute violations of 327 IAC 2-1-6.

    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.

    Please contact Paul Cluxton at 317/232-8432 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter. If you are willing to resolve this matter as

provided for in the enclosed Agreed Order, please sign and return it to the Office of Enforcement at the above address within the sixty (60) day settlement period.
    
                            For the Commissioner:

Date:    _______________                (Signed July 20, 2000)
                            Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement

Enclosure
cc:    Mr. Richard Chafin, Certified Operator
    Mr. James Filippini, EPA Region V, Water Division
    Clay County Health Department

Converted by Andrew Scriven