VIA CERTIFIED MAIL:
NOTICE OF VIOLATION
To: Kenneth Wampler
Plant Manager
Capitol Products Corporation
P.O. Box 106
Kentland, Indiana 47951
Cause No. B-2231
Designated representatives of the Indiana Department of Environmental Management
(IDEM) conducted an inspection on September 4, 1997, at the Capitol Products Corporation
facility located in Kentland, Indiana ("the Site"). The inspection and subsequent records review
revealed that Capitol Products Corporation is in violation of the requirements of the Indiana
Administrative Codes (IAC), the Indiana Code (IC) and its NPDES Permit. These violations are
based on the following:
The Respondent is Capitol Products Corporation, which owns and operates a wastewater
treatment facility at its metal finishing facility, located at 508 West Wilson Street in Kentland,
Indiana. The Respondent is authorized by NPDES Permit No. IN 0049859 ("the Permit") to
discharge to receiving waters of the Iroquois River via Morrison Ditch No. 2, in accordance with
effluent limitations, monitoring requirements, and other conditions set forth in Parts I and II of
the Permit.
The following conditions, stated in 327 IAC 5-2-8, apply to all NPDES Permits and are
included in the Respondent's NPDES Permit No. IN 0049859 .
a. A 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;
b. the permittee shall take all reasonable steps to minimize or correct any adverse
impact on the environment resulting from noncompliance with the permit;
c. the permittee shall 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;
d. the permittee shall comply with monitoring, recording, and reporting
requirements established in accordance with 327 IAC 5-2-13, 327 IAC 5-2-14,
and 327 IAC 5-2-15.
IC 13-30-2-1 (1) states in substance, that a person may not 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.
Part II. A. 1. of the Permit states, in part, "All discharges authorized herein shall be
consistent with the terms and conditions of this permit. The discharge of any pollutant more
frequently than, or at a level in excess of, that identified and authorized by this permit shall
constitute a violation of the terms and conditions of this permit. Such a violation may result in
the imposition of civil and/or criminal penalties as provided for in Chapter 13 of the
Environmental Management Act."
A record review of Discharge Monitoring Reports submitted by the Respondent for
January 1996 through July 1997, indicated that the Respondent was in violation of NPDES
permit final effluent limitations, therefore in violation of the Permit Part II.A.1., 327 IAC 5-2-
8(1) and IC 13-30-2-1 (1) for the following months:
1. Ammonia-nitrogen for the months of September and November, 1996 and
January, May and June, 1997,
2. Biochemical Oxygen Demand, five day (BOD5) for the months of January,
August, October, November and December, 1996, and January , February, April,
and June, 1997.
3. Nickel for the months of January, February and December, 1996.
327 IAC 5-2-14(b) and Part I.B.7. of the Permit require that the permittee retain all
records of monitoring activity for three years.
During the inspection conducted on September 4, 1997, it was noted that not all sampling
records were available for flow, in violation of 327 IAC 5-2-14(b) and Part I.B.7. of the Permit.
Under the NPDES Permit and 327 IAC 5-2-13 the permittee is required to monitor the
effluent flow from the WWTP. A flow meter must be employed to accurately monitor flow.
During the September 4, 1997 inspection, it was documented that the facility's flow
meter was out of service, in violation of the Permit and 327 IAC 5-2-13.
In accordance with IC 13-30-3-3, the Commissioner is required to notify you in writing
that the Commissioner believes a violation exists and offer you 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.
If settlement is not reached within sixty (60) days of your receipt of the Notice, the
Commissioner may issue an Order pursuant to IC 13-30-3-4 , containing the actions you must
take 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 of any
violation.
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 Terri Van Zant at 317/232-8408, 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 3/18/98
David J. Hensel
Director
Office of Enforcement
cc: U.S. EPA Region V, Water Section
Newton County Health Department
Converted by Andrew Scriven