NOTICE OF VIOLATION
Via Certified Mail # _______________ Via Certified Mail #_______________
To: Mr. Peter Good, Plant Manager CT Corporation System, Registered Agent
Greene Manufacturing Company One North Capitol Avenue
1740 Georgia Avenue Indianapolis, Indiana 46204
Connersville, Indiana 47331
Cause No. B-2477
Based on investigation by designated representatives of the Indiana Department of
Environmental Management (IDEM) on August 9, 1999, Greene Manufacturing Company, 1740
Georgia Avenue in Connersville, Fayette County, Indiana, (hereinafter referred to as "the Plant")
has been in violation of the following environmental rules, statute, and industrial pre-treatment
permit:
1. Pursuant to IC 13-30-2-1, no person may 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 or would violate rules,
standards, or discharge emission requirements adopted by the appropriate board
pursuant to this article.
2. Pursuant to 327 IAC 5-12, all discharges to POTWs shall comply with State and
Federal pretreatment standards. The Plant fell under 40 CFR 433.17 and 40 CFR
466.14 Federal Categorical pre-treatment standards as well as local pretreatment
standards as stated in the Permit.
3. The Federal categorical pretreatment standards contained in 40 CFR 433.17 and
40 CFR 466.14 are incorporated by reference into 327 IAC 5-12-6.
4. The Permit (CU-109) issued by the City of Connersville became effective on May
4, 1998, and expires May 4, 2001. The Permit lists under Part 7, "Effluent
Limitations" and Attachment B, the effluent limitations and monitoring
requirements for the Plant. These are based, in part, on the Federal categorical
pretreatment standards limiting concentrations of certain metals and total toxic
organics. In addition, the Permit lists in Attachment B, discharge limitations
based on general prohibitive discharge standards, as contained in the Connersville
Sewer Usage Ordinance, Section 51.05 of Chapter 51, per the requirements of 40
CFR 403.5. These limitations concern conventional pollutants including pH,
Suspended Solids (SS), and Chemical Oxygen Demand (COD). These standards
are deemed pretreatment standards under 327 IAC 5-11-1 through 327 IAC 5-15-
12, through authority of 327 IAC 5-12-2.
5. Based on the metals discharge limitations contained in the Plant's Industrial
Wastewater Discharge Permit and reported by the Plant to Connersville Utilities,
the Plant exceeded the:
a. Zinc Daily Maximum limit a total of sixty-one (61) times between June 1,
1998 and May 31, 1999;
b. Zinc 4-day Average limit a total of fifteen (15) times between June 1, 1998
and May 31, 1999;
c. Chromium Daily Maximum limit a total of eighteen (18) times between
June 1, 1998 and May 31, 1999;
d. Chromium 4-day Average limit a total of two (2) times between June 1,
1998 and May 31, 1999;
e. Copper Daily Maximum limit a total of forty-five (45) times between June
1, 1998 and May 31, 1999;
f. Copper 4-day Average limit a total of two (2) times between June 1, 1998
and May 31, 1999;
g. Cyanide Daily Maximum limit a total of fifty-eight (58) times between
June 1, 1998 and May 31, 1999; and
h. Cyanide 4-day Average limit a total of fourteen (14) times between June 1,
1998 and May 31, 1999;
Based on the conventional pollutant discharge limitations contained in the Plant's
Industrial Wastewater Discharge Permit and reported by the Plant to the City of Connersville
Utilities, the Plant exceeded the:
a. TSS concentration limit a total of twenty-six (26) times between June 1, 1998 and
May 31, 1999;
b. COD limit a total of three (3) times between June 1, 1998 and May 31, 1999; and
c. pH limit a total of three (3) times between June 1, 1998 and May 31, 1999.
These exceedances are violations of IC 13-30-2-1 and the State pretreatment rules, 327
IAC 5-11-1 through 327 IAC 5-15-12, through authority of 327 IAC 5-11-5.
Pursuant to 327 IAC 5-11-5, the commissioner may (independently of any enforcement
proceedings by the POTW) take enforcement measures (including the assessment of civil
penalties) against the industrial user for violations of pretreatment standards and requirements
contained in the pretreatment rules 327 IAC 5-11-1 through 327 IAC 5-15-12.
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 Steven Judith at 317-232-8409 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: SEPTEMBER 7, 1999 _________________________
Felicia A. Robinson
Assistant Commissioner of Enforcement
cc: Jim Filippini, Chief, Compliance Unit 2
U.S. EPA, Region 5, Water Section
Fayette County Health Department
Maryellen Blanton, Pretreatment Coordinator
City of Connersville
Converted by Andrew Scriven