VIA CERTIFIED MAIL:

TO:    The Honorable Albert Huntington, Mayor
    City of Madison
    101 West Main Street
    Madison, Indiana 47250

    Designated representatives of the Indiana Department of Environmental Management (IDEM) and the Indiana Department of Natural Resources (IDNR) conducted an investigation, an inspection, and a record review of the City of Madison wastewater treatment plant (WWTP). The City of Madison operates a class III, 3.6 mgd activated sludge system with effluent chlorination. The City of Madison is currently operating under NPDES Permit No. IN 0025666 ("the Permit"). Based on the investigation conducted by IDNR on July 16, 1995, the inspection conducted by IDEM on May 21, 1996 and the record review conducted on November 19, 1996 by IDEM, the City of Madison is found in violation of the following provisions of the Indiana Code (IC), Indiana Administrative Code (IAC), and the Permit.

    327 IAC 5-2-2 states that any discharge of pollutants into the waters of the state as a point source discharge, except for exclusions made in 327 IAC 5-2-4, is prohibited unless in conformity with a valid NPDES permit obtained prior to the discharge.

    Part II. A. 7. of the Permit states in part that any diversion from or bypass of facilities necessary to maintain compliance with the terms and condition of the permit is prohibited.

    On July 15, 1995, the Jefferson County Sheriff's Department received a complaint from a citizen regarding the discharge of raw sewage. The raw sewage was being discharged from a lift station then had entered a spillway and was released into Ramsey Creek. The spillway is located

on the south side of SR 256 at Hereford Lake and Ramsey Creek. The Jefferson County Sheriff's Department referred the incident to the IDNR conservation officer (CO).

    On July 16, 1995, the CO for the IDNR conducted an investigation regarding the discharge which is located east of Kent Street on the north side of SR 256. During the investigation it was noted that the lift station was not in proper working condition causing raw sewage to be discharged into a spillway which released into Ramsey Creek. The discharge of pollutants from the lift station to the spillway is a violation of 327 IAC 5-2-2, and the Permit.

    On May 21, 1996, an IDEM representative conducted an inspection near a concrete junction box located near Crooked Creek on SR 7. In the inspection report, it was documented that raw sewage had been discharged from a concrete junction box and released into Crooked Creek. The discharge of pollutants is an unpermitted discharge and is a violation of 327 IAC 5- 2-2, and the Permit.

    327 IAC 2-1-6(a)(1) states, in substance, that 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, 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 degrees as to create a nuisance, be unsightly, or otherwise impair the designated uses.

    IC 13-30-2-1 requires, in substance, that 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 rules, standards, or discharge of emission requirements adopted by the appropriate board pursuant to this article.

    During the investigation on July 16, 1995, it was noted in the CO report that the malfunctioning lift station discharged raw sewage into Ramsey Creek which caused a fish kill.

The CO reported that one thousand five hundred (1,500) fish were killed from this discharge. The discharge of raw sewage into Ramsey Creek is a violation of the Permit, 327 IAC 2-1-6, and IC 13-30-2-1.

    During the inspection which was conducted on May 21, 1996, it was noted that raw sewage had entered Crooked Creek. The raw sewage that entered Crooked Creek was being discharged from a concrete junction box that was surcharged due to wet weather. Discharging raw sewage into waters of the state is a violation of the Permit, 327 IAC 2-1-6, and IC 13-30-2-1.
    
    327 IAC 2-6-2 requires, in substance, that in the event of a spill to waters of the state, the responsible party must:

    a.    immediately report the event to IDEM;

    b.     insure that the spilled material is immediately contained and cleaned up;

    c.    immediately notify the nearest downstream water user; and

    d.    as deemed necessary, submit a report(s) to IDEM with details of the event.

    Part II. A. 7. of the Permit, states in part, that the permittee shall notify the Commissioner immediately of such occurrences by telephone and in writing within five (5) days of such diversion or bypass.

    After his investigation on July 16, 1995, the CO contacted IDEM, Office of Environmental Response, to verify that the City of Madison had reported the spill that occurred on July 15 & 16 of 1995. The Office of Environmental Response had no record that the City of Madison had reported the unpermitted discharge or spill which occurred on July 15 & 16 of 1995. The City of Madison is therefore in violation of 327 IAC 5-2-2, 327 IAC 2-6-2, and the Permit.

    On November 15, 1996, an IDEM representative contacted the Office of Environmental Response and discovered that the City of Madison did not report the discharge or the spill that occurred on May 21, 1996, in violation of 327 IAC 2-6-2 and the Permit.

    327 IAC 5-2-8 requires, in substance, that a permittee comply with the discharge limitations of its National Pollutant Discharge Elimination System (NPDES) permit. A permittee shall comply with all terms and conditions of its NPDES permit. Any permit non- compliance constitutes a violation of the Clean Water Act and the Environmental Management Act and is grounds for enforcement action.

    Part I. A. 1. of the Permit states, in part, that the permittee is authorized to discharge from Outfall 001. The final effluent must be dechlorinated, such that the concentration of Total Residual Chlorine (TRC) in the discharged effluent does not exceed 0.05 mg/l. The City of Madison reported the following values for TRC in violation of Part I. A. 1. of the Permit and 327 IAC 5-2-8(1) for the following months:

TOTAL RESIDUAL CHLORINE
Dates	Daily Maximum Concentration Permit Limit - 0.05 mg/L
April 1994	0.75
May 1994	0.40
September 1994	0.60
October 1994	0.16
April 1995	0.24
May 1995	0.56
July 1995	0.24
April 1996	0.15
May 1996	0.21
Total Months with One or more Violations Reported =     9

    Part I A. 1. of the Permit states, in part, that the permittee is authorized to discharge from Outfall 001. The discharge shall be limited and monitored by the permittee in accordance with specific mass and concentration limitation for Total Suspended Solids (TSS) as cited below. The City of Madison reported the following values for TSS in violation of Part I. A. 1. of the Permit and 327 IAC 5-2-8(1) for the following months:

TOTAL SUSPENDED SOLIDS
Date	Loading Monthly Average (Permit Limit 901 lbs/day)	Loading Weekly Average (Permit Limit 1352 lbs/day)	Quality or Monthly Average (Permit Limit 30 mg/L)	Concentration Weekly Average (Permit Limit 45 mg/L)
January 1993	1241	2267	35	56
March 1993	1145	1773	33	46
April 1993	---	---	31	---
January 1994	---	1825	---	49
February 1995	---	1492	---	---
March 1995	---	1752	---	---
December 1995	---	2538	---	61
January 1996	987	2002	---	---
March 1996	---	1571	---	---
April 1996	1005	---	---	---
Total months with One or more Violations Reported = 10

--- No violation for that parameter

    Part I A. 1. of the Permit states, in part, that the permittee is authorized to discharge from Outfall 001. The discharge shall be limited and monitored by the permittee in accordance with the requirements that Fecal Coliform (FC) is limited to a monthly average of 200 colonies per 100 ml, and to a weekly average of 400 colonies per 100 ml , from April 1, to October 31 and a monthly average of 2000 per 100 ml from November 1 through March 31. The City of Madison reported the following values for FC in violation of Part I. A. 1. of the Permit and 327 IAC 5-2- 8(1) for the following months:

FECAL COLIFORM
Dates	Monthly Average Concentration (X/100) Permit Limit - 200	Weekly Maximum Concentration (X/100) Permit Limit - 400
April 1993	269	912
August 1993	----	537
May 1995	----	417
Total Months with One or more Violations Reported = 3

--- No violation for that parameter

    Part I. A. 2. b, of the Permit (page 8) states, during the period beginning three years after the effective date of the permit (February 1, 1994) and continuing until the expiration date, the effluent from Outfall 001 shall be limited and monitored by the permittee. The concentration of Lead shall be limited to .008 mg/l as a daily maximum. The City of Madison reported the following values for Lead in violation of part I. A. 2. b of the Permit (page 8, item b) and 327 IAC 5-2-8(1) for the following months:

    The timely entry into an Agreed Order will prevent the necessity of an Order of the Commissioner being issued under IC 13-30-3-4, or the filing of a civil court action under IC 13- 14-10 or IC 13-14-2-6. Advantages of entering into an Agreed Order are:

    1.    You may not be required to admit that any violation occurred.

    2.    The civil penalty may be less than that imposed under an Order of the Commissioner.

    Please contact Brett DeBusk at 317/232-8410 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:    

Dated: ____________________            Signed on 3-21-97
                            Patrick Carroll
                            Director
                            Office of Enforcement

cc:    Jim Filippini, Chief
        Compliance Section 2
        U.S. EPA, Region 5, Water Section
     Jefferson County Health Department

Converted by Andrew Scriven