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NOTICE OF VIOLATION

    
Via Certified Mail# ____________

To:    Stephen R. Tolliver Sr.
    Chief Operating Officer
    AquaSource
    1601 Greentree Court
    Clarksville, IN 47129
    
    

Cause No. B-2454

    Designated representatives of the Indiana Department of Environmental Management (IDEM) conducted an investigation on September 14, 1999 of the Utility Center, Inc. which is owned and operated by AquaSource. Utility Center Inc. owns and operates two wastewater treatment plants (WWTP), the Midwest plant and the Main Aboite plant. The Midwest plant operates under the National Pollutant Discharge Elimination System (NPDES) permit IN 0042391 and is located at 7751 U.S. 24 West, Fort Wayne, Indiana 46804. The Main Aboite plant operates under NPDES permit IN 0035378 and is located at 9805 U.S. Highway 24 West, Fort Wayne, Indiana 46804. Based on a records review of Utility Center, Inc., the Midwest and Main Aboite plants were in violation of the following environmental statute(s), rule(s), and permit(s):

    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.    that 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 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.

    327 IAC 5-2-8 states in substance, that the following conditions apply to all NPDES permits and shall be incorporated into the permits either expressly or by reference:

    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 requires, 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.

    IC 13-18-4-5 states, in part, that 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 shall cause or contribute to a polluted condition of any waters, according to any rule of the board under section 7 of this chapter.

    Part II.A.7. of Permit No. IN 0042391 and Permit No. IN 0035378 states, in part, any diversion from or bypass of facilities necessary to maintain compliance with the terms and conditions of this permit is prohibited, except where unavoidable to prevent loss of life, personal injury, severe property damage, or there is no feasible alternative to the bypass. The permittee shall promptly notify the Commissioner immediately of such occurrences by telephone and in writing within five days of such diversion or bypass.

    A record review for October 1996 through August 1999 indicates that Utility Center Inc.- Main Aboite exceeded permit final effluent limitations in violation of 327 IAC 5-2-8, IC 13-30- 2-1 and the Permit for:                    

    a.)    Total Suspended Solids (TSS) for the months of December 1997; February, June, July, December 1997; January, March 1998 ; and January, February, March 1999 .

    b.)    Ammonia Nitrogen for the month of January 1999.

    c.)    E. coli for the months of August, September 1997 ; April, May 1998 ; and May, June 1999.    

    d.)    Total Residual Chlorine for the months of July, August, September, and October 1998.

    e.)    Carbonaceous Biochemical Oxygen Demand (CBOD5) for the months of December 1996 ; January, March, May, July, August 1998 ; and January 1999 .

    A record review for October 1996 through August 1999 indicates that Utility Center Inc.- Midwest exceeded permit final effluent limitations in violation of 327 IAC 5-2-8, IC 13-30-2-1 and the Permit for:

    a.)    Total Suspended Solids (TSS) for the months of February, May, July 1997 ; August, September 1998; and January, February 1999 .

    b.)    Ammonia Nitrogen for the months of May 1997 and August, September 1998 .

    c.)    E. coli for the months of October 1996 ; April, May, July, September 1997 ; and June, July, August, September, October 1998 .


    d.)    Carbonaceous Biochemical Oxygen Demand (CBOD5) for the month of May 1997.

    A records review from January 1, 1998 through September 13, 1999 of reported bypass events at Utility Center, Inc.- Midwest documents that bypasses resulting in the discharge of untreated wastewater occurred on 8 occasions in 1998 and on 6 occasions in 1999. The NPDES permit does not authorize these discharge events or locations. These discharges are in violation of 327 IAC 5-2-2, 327 IAC 5-2-8(11)(D) and Part II. A.7 of the Permit.

    A records review from January 1, 1998 through September 13, 1999 of reported bypass events at Utility Center, Inc.-Main Aboite documents that bypasses resulting in the discharge of untreated wastewater occurred on 19 occasions in 1998 and on 66 occasions in 1999. A review of Inspection Reports from May 9, 1997 through April 14, 1999 documents that problems with Inflow and Infiltration (I/I) and bypassing had been consistently identified. The NPDES permit does not authorize these discharge events or locations. These discharges are in violation of 327 IAC 5-2-2, 327 IAC 5-2-8(11)(D) and Part II. A.7 of the Permit.
                                    
    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 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 10/12/99___________________
                            Felicia A. Robinson
                            Assistant Commissioner of Enforcement

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

    

Converted by Andrew Scriven