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VIA CERTIFIED MAIL: ____________    

NOTICE OF VIOLATION

To:    Meadow Acres Mobile Home Park, Incorporated
    Mr. Danny D. Keaffaber, President and Resident Agent
    14975 State Road 13 North
    North Manchester, IN 46962

Cause No. B-2456

    Designated representatives of the Indiana Department of Environmental Management (IDEM), Offices of Water Management and Enforcement have conducted inspections and a record review of the Meadows Acres Mobile Home Park wastewater treatment plant (WWTP) located in Kosciusko County. The WWTP is a semi-public facility which is authorized to discharge to waters of the State from its outfall located at the confluence of Samuel Haines Ditch and Jonas Alspaugh Ditch thence to the Eel River under National Pollutant Discharge Elimination System (NPDES) Permit Number IN 0053783 (the Permit). The Permit authorizes such discharge in accordance with stated effluent limitations, monitoring requirements and other conditions set forth in the Permit.

    The inspections and record review indicated that Meadow Acres Mobile Home Park, Incorporated, (Meadow Acres) as permittee of the WWTP, has violated requirements of the Indiana Code (IC), the Indiana Administrative Code (IAC), and Meadow Acres's NPDES Permit. These violations are based on the following:

Applicable Statute, Rules, and Permit provisions:

        327 IAC 5-2-8(1), and Part II.A.1. of the Permit require, in part, that the permittee must comply with all terms and conditions of the Permit.

        327 IAC 5-2-8(3) and (8) and Part II.B.1.a. of the Permit require, in part, that all waste collection, control, treatment, and disposal facilities, at all times, shall be operated as efficiently as possible and in a manner which will minimize upsets and discharges of excessive pollutants.

        327 IAC 2-4-1 states that every person, firm or corporation that operates a municipal, industrial, commercial or agricultural waste treatment plant control facility or discharges wastewaters to the waters of the state of Indiana shall submit to the commissioner monthly reports of operation, which shall include flow measurements and wastewater characteristics.


        327 IAC 5-2-15(a) states, in part, that permittees shall report to the commissioner, using discharge monitoring reports (DMR) and reports of operation, the results of any monitoring specified by the permit and as often as required by the permit.

        327 IAC 2-4-4, and 327 IAC 5-2-15(c) require that all required reports shall be prepared by the certified wastewater treatment plant operator, licensed under the provisions of IC 13-1-6. Part II.A.14 of the Permit states that the permittee shall have the waste treatment facilities under the direct supervision of an operator certified by the Commissioner as required by IC 13-18-11.

        327 IAC 5-2-13 contains the basic NPDES monitoring requirements. 327 IAC 5- 2-15 provides that NPDES permittees shall report to the commissioner, using discharge monitoring reports as required by the permit.

        Part I.A.1 of the Permit states, in part, that flow measurement is required per 327 IAC 5-2-13. In addition to the gauging stations, flow meters must be present at both influent and effluent end of the wastewater treatment plant. These gauging stations and the flow meters shall be calibrated at least once annually and the resulting calibration curve or table sent to IDEM no later that October 1 of each year.

        Part 1.B.1. of the Permit requires that samples and measurements taken as required by the Permit be representative of the volume and nature of the monitored discharge. Part I.B.2. of the Permit states that the raw influent and the wastewater from intermediate unit treatment processes, as well as the final effluent shall be sampled and analyzed for the pollutants and operational parameters specified by the applicable Monthly Report of Operation Form, as appropriate, in accordance with 327 IAC 5-2-13.     Part II.C.2. of the Permit states that monitoring results shall be reported at the intervals and in the form specified in Part I.B.2.

        Part I.B.3. of the Permit states that the permittee shall submit monitoring reports to IDEM containing results obtained during the previous month and shall be postmarked no later than the 28th of the month following each completed monitoring period. The first report shall be submitted by the 28th day of the month following the month in which the permit becomes effective. These reports shall include, but not necessarily be limited to, the Discharge Monitoring Report and the Monthly Report of Operation.

        Part I.B.8. of the Permit requires that all records and information resulting from the monitoring activities required by the Permit be retained for a minimum of three (3) years. In cases where the original records are kept at another location, a copy of all such records shall be kept at the permitted facility.
Corresponding violations:

        On February 20, 1997, IDEM staff conducted an inspection of the WWTP during which several areas of operations were evaluated as unsatisfactory, including permit compliance, the records and reports, the facility site review, the laboratory, the self- monitoring program, and the operation and maintenance. Additionally, it was noted that there was no certified operator. It was also observed that there was a discharge occurring of approximately 5 gallons per minute (.0072 million gallons per day).

        On March 23, 1998, IDEM staff conducted an inspection of the WWTP during which it was noted that there was no certified operator, no records were on site, no Discharge Monitoring Reports (DMRs) or Monthly Reports of Operation (MROs) had been submitted for some time, and there was no influent or effluent flow monitoring. Additionally, there was a stream gauging station downstream from the outfall while the Permit requires it to be upstream.

        On June 4, 1998, IDEM sent Meadow Acres a Warning of Noncompliance letter that requested that Meadow Acres submit missing DMRs and MROs, as well as any subsequent DMRs and MROs that may be due, along with an explanation as to why the monitoring reports had not been submitted in a timely manner. IDEM has no record of a written response to this letter. Meadow Acres did not submit DMRs and MROs until it submitted its monthly reports for March of 1999. A record review indicates that IDEM has not received DMRs or MROs from Meadow Acres for the months from December 1996 through February 1999.

        On March 8, 1999, IDEM staff conducted an inspection of the WWTP during which it was noted that there was a certified operator. However IDEM staff evaluated several areas of operation as unsatisfactory, including the flow measurement and the records and reports. The overall operation was evaluated as unsatisfactory.

        The above noted inspections conducted on February 20, 1997, March 23, 1998, and March 8, 1999, during which IDEM staff observed numerous unsatisfactory areas of operation, indicate that Meadow Acres has failed to operate the WWTP as efficiently as possible and in a manner which will minimize upsets and discharges of excessive pollutants. Therefore Meadow Acres has violated 327 IAC 5-2-8(3) and (8) and Part II.B.1.a. of the Permit.

        The inspection reports indicate that Meadow Acres has failed to monitor and take representative samples of the raw influent, final effluent, and stream flow as required by the Permit in violation of Part I.A.1, Part I.B.1, Part I.B.2., and Part II.C.2. of the Permit, and 327 IAC 5-2-13. Additionally, Meadow Acres has failed to calibrate the flow meters and submit the resulting calibration information to IDEM in violation of Part I.A.1 of the Permit.


        The inspections conducted on February 20, 1997, and March 23, 1998, indicate that Meadow Acres has failed to operate the WWTP under the direct supervision of an certified operator in violation of Part II.A.14 of the Permit, and has failed to submit monthly reports prepared by a certified operator in violation of 327 IAC 2-4-4 and 327 IAC 5-2-15(c).

        The inspection reports indicate that Meadow Acres failed to retain records, or copies of those records, at the permitted facility for three years in violation of Part I.B.8. of the Permit.

        The inspection reports and the record review indicate that Meadow Acres has not submitted DMRs or MROs for the months from December 1996 through February 1999, which indicates that Meadow Acres has violated 327 IAC 2-4-1, 327 IAC 5-2-13, 327 IAC 5-2-15(a), and Part I.B.3. of the Permit.

        The above noted violations of the Permit and Indiana Administrative Code indicate that Meadow Acres has failed to comply with terms and conditions of the Permit and therefore has violated 327 IAC 5-2-8(1), and Part II.A.1. of the Permit.

    In accordance with IC 13-30-3-3, the Commissioner is required to notify Meadow Acres in writing that the Commissioner believes that violations exist 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 Meadow Acres 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.

    Entering into an Agreed Order will prevent the issuance of an 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 timely 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 give you the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, you may enter into an Agreed Order without admitting that the violation occurred.

    Please contact Terry Ressler, at 317/232-8433 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 7/22/99_______
                            Felicia Robinson George
                            Assistant Commissioner of Enforcement

cc:    U.S. EPA Region V, Water Section
    Kosciusko County Health Department

Converted by Andrew Scriven