VIA CERTIFIED MAIL:

To:    John K. Jackson, President
    Hartford Packing Co., Inc.
    1005 E. Washington St.
    Hartford City, IN 47348

    Designated representatives of the Indiana Department of Environmental Management (IDEM) have conducted an inspection and a record review of the Hartford Packing Co., Inc. facility located in Blackford County, Indiana. The inspection and record review indicate that Hartford Packing Co., Inc. (Hartford Packing) caused the discharge of contaminants from its wastewater treatment facility to waters of the State causing pollution and an exceedence of minimum water quality conditions in violation of provisions of its NPDES permit, Indiana Code (IC) and Indiana Administrative Code (IAC).

    Hartford Packing was issued NPDES Permit No. IN 0002496 (the NPDES permit) on July 19, 1988, which had an effective date of September 1, 1988. A modification to the NPDES permit was issued on December 13, 1988. Hartford Packing submitted timely information and forms as necessary to renew the NPDES permit, and therefore continues to have authorization to discharge to receiving waters named Mud Run and Little Lick Creek in accordance with effluent limitations, monitoring requirements, and other conditions set forth in the NPDES permit, as modified.

    The NPDES permit authorizes discharge from two outfalls; Outfall 001 and Outfall 002. Discharge from Outfall 001 is from Hartford Packing's Class A-SO industrial wastewater treatment plant. Part I.A.1. provides, among other things, that discharge from Outfall 001 is authorized from December 1 through April 30 annually. Discharge from Outfall 001 is not authorized from May 1 through November 30 annually. Discharge from Outfall 002 is limited solely to noncontact cooling water, free from process and other wastewater discharges.

    327 IAC 5-2-8(8) and Part II.B.1. of the NPDES permit require that 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 installed or used by the permittee and which are necessary for achieving compliance with the terms and conditions of the permit.

    IC 13-18-4-5 states, "A person may not:
    (1)    throw, run, drain, or otherwise dispose into any of the streams or waters of     Indiana; or
    (2)    cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise     disposed into any waters;
any organic or inorganic matter that causes or contributes to a polluted condition of any waters, as determined by a rule of the board adopted under sections 1 and 3 of this    chapter."

    327 IAC 2-1-6(a) states, in part, "The following are minimum water quality conditions:
    (1)    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, visible oil sheen, 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."

    Hartford Packing's violations of the above noted provisions of the Indiana Code, Indiana Administrative Code, and its NPDES permit are based on the following:

        On June 29, 1999, IDEM staff was notified by Blackford County Health Department staff that a creek upstream of State Road 26 East was running black. IDEM staff conducted a field response. The Initial Incident Report (Incident Number 9906246) indicates that the source of the pollutant was identified as the Hartford Packing number two wastewater treatment lagoon that was discharging leachate into Mudd Creek (a.k.a. Mudd Run). Hartford Packing staff then capped the discharge pipe and indicated that he had uncapped the discharge pipe and thought only stormwater would drain out. The discharge was not from Hartford Packing's Outfall 001, but was from the discharge pipe leading from the lagoon to Outfall 001. The report indicates that IDEM staff estimated the pollutant affected Mudd Creek and Little Lick Creek for approximately one-fifth of a mile.

        IDEM staff took 3 samples; 1 of the discharge from the lagoon (sample no. RI5933) (the discharge valve was re-opened for sampling purposes), 1 from Mudd Creek downstream of the discharge location (sample no. RI5934) , and 1 from the Mudd Creek

upstream of the discharge location (sample no. RI5935). The samples were analyzed at the Indiana State Department of Health laboratory. Analysis of the sample of the discharge from the lagoon indicated an ammonia concentration of 130 mg/L, a 5 day biochemical oxygen demand (BOD₅) concentration of 190 mg/L, and a total suspended solids (TSS) concentration of 640 mg/l. Analysis of the sample taken from Mudd Creek downstream from the discharge location indicated an ammonia concentration of 41 mg/L, a BOD₅ concentration of 39 mg/L, and a TSS concentration of 40 mg/L. Analysis of the sample taken upstream of the outfall location indicated an ammonia concentration of 1.6 mg/L, a BOD₅ concentration of 39 mg/L, and a TSS concentration of 16 mg/L.

        Hartford Packing staff took a sample of the discharge from the lagoon and a sample from Mudd Creek downstream from the discharge location. These samples were taken at the same time as IDEM took samples. The samples taken by Hartford Packing were analyzed at the Hartford City wastewater treatment plant. The analysis indicated that the discharge from the lagoon contained an ammonia concentration of 82 mg/L, a BOD₅ concentration of 250 mg/L, and a TSS concentration of 1370 mg/L. The analysis of the sample taken from Mudd Creek downstream from the discharge location indicated an ammonia concentration of 23.9 mg/L, a BOD₅ concentration of 25 mg/L, and a TSS concentration of 106 mg/L.

    As indicated by the above noted inspection, Initial Incident Report, and sample analyses, Hartford Packing has violated:

    A)    The NPDES permit in that it discharged wastewater from the treatment facilities at a location not authorized by the Permit and at a time during which it was not authorized to discharge.

    B)    327 IAC 5-2-8(8) and Part II.B.1. of the NPDES permit in that Hartford Packing failed to maintain in good working order and efficiently operate all facilities and systems (and related appurtenances) for collection and treatment which are installed or used by the permittee and which are necessary for achieving compliance with the terms and conditions of the permit. Hartford Packing intentionally opened a discharge valve from the lagoon and allowed the unpermitted discharge of wastewater to Mudd Creek.

    C)    IC 13-18-4-5 in that it disposed into the waters of Indiana organic matter (wastewater from Hartford Packing's wastewater treatment plant) that caused or contributed to a polluted condition of Mudd Creek and Little Lick Creek.

    D)    327 IAC 2-1-6(a) in that it caused violations of minimum water quality conditions. As noted by IDEM staff, Hartford Packing's unpermitted discharge of wastewater affected the creeks for approximately one-fifth of a mile and caused or

contributed to the high concentrations of ammonia and BOD₅ noted in the samples taken on June 29, 1999 by IDEM and Hartford Packing staffs.

    In accordance with IC 13-30-3-3, the Commissioner is required to notify Hartford Packing in writing that she believes a violation exists and offer it an opportunity to enter into an Agreed Order that provides for the actions required to correct the violations and for 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 receipt of this Notice, the Commissioner may issue an order pursuant to IC 13-30-3-4 that contains the actions Hartford Packing 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, Enforcement Case Manager at 317/232-8433 within fifteen (15) days after receipt of this Notice regarding Hartford Packing's intent to settle this matter. If Hartford Packing is 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 8/24/99______
                            Felicia Robinson George
                            Assistant Commissioner of Enforcement

Enclosure

cc:    Blackford County Health Department
    U.S. EPA, Region 5

Converted by Andrew Scriven