VIA CERTIFIED MAIL:
TO: Mr. Richard Melville
Aluminum Company of America
3131 Main Street
P.O. Box 7500
Lafayette, Indiana 47905
Designated representatives of the Indiana Department of Environmental Management
(IDEM) conducted an investigation on May 6 and 7, 1998, and a record review of Aluminum
Company of America, Lafayette Indiana.
Based on the above noted investigation Aluminum Company of America (ALCOA) was
found in violation of the following provisions of the Indiana Code (IC) and Indiana
Administrative Code (IAC) section:
IC 13-30-2-1 states, in part, 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 or emission requirements adopted by the
appropriate board pursuant to this article.
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.
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.
327 IAC 2-6.1-7 states in part " Any person who operates, controls or maintains any
mode of transportation or facility from which a spill occurs shall, upon discovery of a reportable
spill to the soil or surface waters of the state do the following:
1. Contain the spill, if possible, to prevent additional spilled material from entering the
waters of the state.
2. Undertake or cause others to undertake activities needed to accomplish a spill
response.
3. As soon as possible, but within two (2) hours of discovery, communicate a spill to the
Department of Environmental Management, Office of Environmental Response."
327 IAC 5_2-2 prohibits any discharge of pollutants into waters of the state as a point
source of discharge, unless in conformity with a valid NPDES Permit obtained prior to the
discharge.
On May 5, 1998, a milky white substance was found in Elliot Ditch and reported to IDEM's Office of Emergency Response (OER) by the Tippecanoe County Emergency Management Director, Steve Wettschurack. OER contacted the Indiana Department of Natural Resources (IDNR) who sent a Conservation Officer (CO) to the site. The CO investigated Elliot Ditch and observed stream pollution with a fish kill downstream from approximately Brandy Lane and Concord Road in Lafayette. On May 6, an IDEM OER responder together with the CO further investigated the spill in Elliot Ditch. This investigation revealed that the spill appeared to originate from ALCOA's outfall, which is located along Elliot Ditch. Live fish and no presence of the substance were observed upstream from ALCOA's outfall. ALCOA was notified that their discharge from outfall 001 was believed to be the source of the spill. On May 7, 1998, ALCOA representatives informed the IDEM OER responder that they had found a spill of hydraulic fluid which had entered a floor drain that connects to outfall 001. ALCOA reported that the spill was estimated at 100 gallons of hydraulic fluid at 100% concentration and was caused due to employee error. The spill was discharged to Elliot Ditch via ALCOA's outfall
001, in violation of IC 13-30-2-1 327 IAC 2-1-6(a)(1) and 327 IAC 5-2-2. The spill resulted in
a fish kill in Elliot Ditch of a total of 4,881 fish, as reported by IDNR.
ALCOA did not report the spill to IDEM as required, nor was the spill contained by
ALCOA, in violation of 327 IAC 2-6.1-7.
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 this 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.
To discuss this matter further, please contact Terri Van Zant at 317/232-8408 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 to you for review and signature.
Dated: ____________________ Signed 5/27/98
David J. Hensel
Director
Office of Enforcement
Enclosure
cc: Tippecanoe County Health Department
U.S. EPA, Region 5 Water Enforcement
http://www.ai..org/idem/
Converted by Andrew Scriven