Via Certified Mail# _______________        Via Certified Mail#_______________

To:    Mr. Jack Clark, President and Registered Agent
    Pleasant View Utilities, Inc.
    360 South Gray Road    
    Connersville, IN 47331
    

A.     Pursuant to 327 IAC 5-2-8(1), the the 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.    Pursuant to 327 IAC 5-2-8(3), the permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with the permit.

C.    Pursuant to 327 IAC 5-2-8(8), 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 that are installed or used by the permittee and necessary for achieving compliance with terms and conditions of the permit.

D.    Pursuant to 327 IAC 5-2-8(9)(10)(11), 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.

E.    Pursuant to 327 IAC 5-2-12, permits contain schedules of compliance requiring the permittee to take specific steps to achieve expeditious compliance with applicable standards and limitations and other requirements, including water quality-based limitations and requirements, a schedule of compliance shall require compliance as soon as reasonably possible, but no later than required by this section.

F.    Pursuant to 327 IAC 5-2-13(1), to assure compliance with permit terms and conditions, all permittees shall monitor, as required in the permit, the mass, concentration, or other measures specified in sections 11 and 11.1 of this rule, for each pollutant specified in the permit.

G.    Pursuant to 327 IAC 5-2-13(2), to assure compliance with permit terms and conditions, all permittees shall monitor, as required in the permit, the volume of wastewater flow at monitoring points specified in the permit, including the final effluent flow from each point source.

H.    Pursuant to 327 IAC 5-2-13(3), to assure compliance with permit terms and conditions, all permittees shall monitor, as required in the permit, other parameters and conditions as specifically required in the permit.

I.    Pursuant to 327 IAC 5-2-14, any permittee required to monitor under 327 IAC 5-2-13 shall maintain records of all monitoring information and monitoring activities as set forth in this rule.

J.    Pursuant to 327 IAC 5-10-6(a), disinfection is required of all sanitary discharges for the annual period of April 1 through October 31.

K.    Pursuant to 327 IAC 5-15-9 and 10, the permittee shall record and report the results of monitoring required under 327 IAC 5-2-13, 327 IAC 5-2-14 and 327 IAC 5-2-15.

L.    Pursuant to 327 IAC 3-2-1, no person shall cause or allow the construction, installation,
    or modification of any water pollution treatment/control facility or sanitary sewer, without a valid construction permit issued by the commissioner.

M.    Pursuant to 327 IAC 3-2-2(b), a completed construction permit application shall be submitted together with the required plans, specifications, and description of project in a minimum of sixty (60) days in advance of the proposed date of start of construction. Construction shall not commence until all necessary state approvals and permits are
    obtained.

N.    Pursuant to 327 IAC 7-7-1, no facility for the storage of wastewater shall be constructed or installed without prior approval of the commissioner and compliance with this rule; there shall be no discharge or seepage of wastewater from the storage facility other than controlled removal for final disposal or land application of the wastewater; and there shall be no discharge of pollutants into the waters of the state.

    On the various dates of investigation listed above, it was determined that you have violated the above rules and statutes, and your NPDES permit, as follows:

    1. A records review conducted on September 2, 1999 indicates there were thirteen NPDES permit final effluent monthly violations reported on the required Discharge Monitoring Reports (DMRs) since October, 1996, as follows:

        a.    Total Biochemical Oxygen Demand, five day (TBOD5) effluent limits were exceeded in the months of October, 1998, and January, February, April, and June, 1999;

        b.    Total Suspended Solids (TSS) effluent limits were exceeded in the months of August, 1998, and June, 1999;

        c.    Total Residual Chlorine (TRC) effluent limits were exceeded in the months of October, 1996, July through September, 1997, and May and June, 1998.

    The above are in violation of the NPDES permit No. IN 0044776, Part I.A. "Effluent Limitations and Monitoring" for the interim parameters for TBOD5, TSS, and TRC. The above also violate 327 IAC 5-2-8(1), and 327 IAC 5-10-6(a).

    2. Inspection reports for February 19, 1997, October 10, 1997, June 9, 1998, and February 10, 1999 indicate severe Infiltration/Inflow (I/I) exists that causes frequent hydraulic overloads and bypassing at the headworks, where no comminutor nor screens exist. It appears that tanks have been altered from their intended purpose. The existing surge tank does not equalize flow because it remains full at all times. Flow measurement is unsatisfactory in that only a portion of total flow is measured on a meter that is not properly calibrated . Therefore, the flow meter is not properly read nor is data properly recorded. The duration and quantity of bypasses are frequently not reported. No
    sampling log has been available and no records have been kept on site.

    These occurrences are in violation of the NPDES permit No. IN 0044776, Part I.A. "Effluent Limitations and Monitoring" for the parameter of flow. The occurrences also violate 327 IAC 5-2-8(1),(3),(8),and(9)(10)(11), 327 IAC 5-2-13(1),(2),and (3), 327 IAC 3-2-1, 327 IAC 3-2-2(b), and 327 IAC 5-2-14.

    3. Inspection reports for February 19, 1997, October 10, 1997, June 9, 1998, and February 10, 1999 indicate that the treatment plant is designed and operated as two parallel flows through two separate treatment processes, neither of which contains any chlorine contact tank. All treatment units are dirty and in poor repair. Each of the two separate treatment processes has an aeration tank, one of which is of much smaller volume. The larger aeration tank contains a healthy biomass, however no secondary sludge is wasted, so all solids eventually pass through to the polishing ponds. The smaller aeration tank has no biomass and no functional aeration; raw sewage flows through it, receiving no treatment, and then flows into the polishing ponds. It is consistently observed that some floating trash and bulking solids are on the secondary clarifiers and all sludge is eventually washed into the polishing ponds. Here, it accumulates to fill the ponds until there is insufficient remaining capacity for their design purpose of waste stabilization. There is an unapproved sludge lagoon located outside the facility fence where sludge has been flushed from both polishing ponds, in the past.

     These occurrences are in violation of the NPDES permit No. IN 0044776, Part II.A.
    "General Conditions" and Part II.B. "Management Requirements" . The occurrences also violate 327 IAC 5-2-8(1),(3),and (8), 327 IAC 3-2-1, 327 IAC 3-2-2(b), and 327 IAC 7- 7-1.

    4. The NPDES permit contains a thirty-six month compliance schedule for new effluent limits that is not being met. A six month progress report was due January 1, 1998 to describe methods selected for meeting new final requirements for ammonia nitrogen, biochemical oxygen demand, total suspended solids, dissolved oxygen, and total residual chlorine. To date , no progress report has been received by IDEM. The NPDES permit compliance schedule further requires that if construction is not found by the permittee to be necessary in order to meet the new final limits, then notification of this must be sent to IDEM. To date, no notification that construction is not necessary for meeting new effluent limits has been received by IDEM. The NPDES permit compliance schedule requires that if construction is found to be necessary, then a construction permit application, including plans and specifications, shall be submitted to IDEM by September 1, 1998, and initiation of construction shall commence by June 1, 1999. Also, according to the NPDES permit, a second, written progress report was to be submitted to IDEM construction was to be initiated, by June 1, 1999. To date, no construction permit application and plans and specifications have been received by IDEM. No construction has been initiated, nor has any second, written progress report been received by IDEM. In addition, the NPDES permit compliance schedule requires that if the permittee fails to comply with any date in the schedule by more than fourteen (14) days, the permittee shall submit a written notice of noncompliance, delineating the cause of noncompliance, any remedial action taken or planned, and the probability of meeting the date fixed for compliance with final requirements. To date, no written notice of noncompliance has been received by IDEM.
    
    These occurrences are in violation of the NPDES permit No. IN 0044776, Part I.D.

"Schedule of Compliance". The occurrences also violate 327 IAC 5-2-8(1) and 327 IAC 5-2-12 .

    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.

    Please contact Dave Knox at 317/233-5975 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 11/1/99
                            Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement

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

Converted by Andrew Scriven