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STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. CWA
AUTHORITY, INC., Respondent. |
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AGREED
ORDER
Complainant
and Respondent desire to settle and compromise this action
without hearing or adjudication of any issue of fact or law, and consent to the
entry of the following Findings of Fact and Order. Pursuant to IC 13-30-3-3, entry into the
terms of this Agreed Order does not constitute an admission of any violation
contained herein. Respondent's entry
into this Agreed Order shall not constitute a waiver of any defense, legal or
equitable, which Respondent may have in any future administrative or judicial
proceeding, except a proceeding to enforce this order.
I. FINDINGS OF FACT
1.
Complainant is the Commissioner (“Complainant”)
of the Indiana Department of Environmental Management (“IDEM”), a department of
the State of Indiana created by Indiana Code (“IC”) 13-13-1-1.
2.
Respondent is CWA Authority, Inc.
(“Respondent”), which owns and operates the stationary municipal treatment
plant with sewage sludge incinerators with Plant ID No. 097-00032, located at
2700 South Belmont Avenue, in Indianapolis, Marion County, Indiana (“Site”).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
4.
Pursuant to IC 13-30-3-3, IDEM issued a Notice
of Violation (“NOV”) on January 4, 2019, via Certified Mail to:
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Jeff A.
Harrison, President |
Jennett M. Hill,
Registered Agent |
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CWA
Authority, Inc. |
2020 N.
Meridian Street |
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2020 N.
Meridian Street |
Indianapolis
46202 |
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Indianapolis
46202 |
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5.
During review of reports conducted by
representatives of IDEM, the following violations were found:
a. Pursuant to Part 70 Permit
097-33066-00032 (“the Permit”), issued to Respondent on October 14, 2014,
a) Condition D.2.2(a)(1),
total particulate matter (“PM”) emissions from all the incinerators (I1 through
I4) shall not exceed 1.3 pounds per ton,
b) Condition D.2.2(b)(2), single
hazardous air pollutant (“HAP”) emissions from each of the incinerators (I1
through I4) shall not exceed 0.32 pounds per ton of dry sludge burned,
c) Condition D.2.2(b)(3),
combined HAP emissions from each of the incinerators (I1 through I4) shall not
exceed 0.77 pounds per ton of dry sludge,
d) Condition D.2.3(a)(5), each of the
incinerators (I1 through I4) shall not emit PM in excess of five-tenths (0.5)
pound of PM per one thousand (1,000) pounds of dry exhaust gas under standard
conditions corrected to fifty percent (50%) excess air,
e) Condition D.2.4, the total PM
emissions from the four (4) incinerators (I1 through I4) shall not exceed 72.5
tons per year or 0.030 grains per dry standard cubic foot (“dscf”),
f) Condition D.2.5(b),
sulfur dioxide emissions (“SO2”) from each of the incinerators (I1 through I4)
shall not exceed 2.0 pounds of SO2 per dry ton of sludge burned,
g) Condition D.2.7(c), each new sewage
sludge incineration (“SSI”) unit, as defined by 40 CFR 60.4930, shall comply
with the following provisions of 40 CFR 60, Subpart LLLL: 40 CFR 60.4845
through 40 CFR 60.4861, Emission Limits, Emission Standards, and Operating
Limits and Requirements,
h) Condition D.2.7(e), each new SSI
unit, as defined by 40 CFR 60.4930, shall comply with the following provisions
of 40 CFR 60, Subpart LLLL: 40 CFR 60.4885 through 40 CFR 60.4895, Continuous
Compliance Requirements,
i) Condition D.2.7(g), each new SSI unit, as defined by 40 CFR 60.4930,
shall comply with the following provisions of 40 CFR 60, Subpart LLLL: 40 CFR
60.4910 through 40 CFR 60.4915, Recordkeeping and Reporting,
j) Condition D.2.7(i),
each new SSI unit, as defined by 40 CFR 60.4930, shall comply with the following
provisions of 40 CFR 60, Subpart LLLL: Table 2 through 5,
k) Condition D.2.10, to ensure
compliance with Conditions D.2.1, D.2.2, D.2.3(a)(5), D.2.4, D.2.5(b) and
D.2.7(c) (permit incorrectly cites D.2.7(a)(3)), the control devices for each
of the incinerators (I1 through I4) shall be in operation at all times when the
associated incinerator is in operation.
Respondent submitted reports between
January 13, 2016 and July 30, 2019 that identified 2,106 deviations occurring
between January 1, 2016 and June 30, 2019.
Each deviation meets one or more of the above mentioned conditions, in
violation of the Permit and 40 CFR 60 Subpart LLLL.
b.
Pursuant to 40 CFR Subpart 60.4845 and Table 2
of Subpart LLLL, Dioxin and Furans (“D/F”) are limited to 0.0022 nanograms (“ng”) per dry standard cubic meter (“dscm”) toxic equivalency basis or 0.045 ng/dscm total mass.
Respondent conducted a compliance stack
test of Incinerator 1 December 4-5, 2018. Results of the test indicated an
excess of D/F, in violation of 40 CFR Subpart 60.4845 and Table 2 of Subpart
LLLL.
6.
On March 28-29, 2019, Respondent retested
Incinerator 1. The results of the test indicated compliance with both of the
D/F limits in 40 CFR Subpart LLLL.
7.
On August 5, 2019, Respondent waived the
issuance of a NOV for deviations listed on the Enforcement Action Letter issued
May 8, 2019, additional deviations occurring in the First and Second Quarter
2019 that were based on reports submitted reports by Respondent, and the failed
stack test that occurred on December 4th and 5th, 2018.
8.
Orders of the Commissioner are subject to
administrative review by the Office of Environmental Adjudication under IC
4-21.5; however, in recognition of the settlement reached, Respondent
acknowledges notice of this right and waives any right to administrative and
judicial review of this Agreed Order.
II. ORDER
1.
This Agreed Order shall be effective
(“Effective Date”) when it is approved by Complainant or Complainant’s
delegate, and has been received by Respondent. This Agreed Order shall have no force or
effect until the Effective Date.
2.
Respondent shall comply with 40 CFR 60 Subpart
LLLL.
3.
Respondent shall comply with Part 70 permit
097-40394-00032 unless superseded by a renewal or modification.
4.
Respondent shall complete the actions as described below:
a.
By August 31, 2019, Respondent shall update
Programmable Logic Controller (“PLC”) fault programming to implement delays or
other responses to minimize deviation events for the fifteen (15) identified
fault conditions on the control system for each SSI unit.
b.
By September 30, 2019, Respondent shall replace
the existing two (2) air compressors with three (3) compressors for the Gravity
Belt Thickener (“GBT”). This project
includes compressor management integrated into the plant Supervisory Control
and Data Acquisition (“SCADA”) system.
c.
By October 15, 2019, Respondent shall review and
update Preventative Maintenance Plan (“PMP”) to reflect predictive and
preventative maintenance activities on ancillary systems that potentially
relate to sludge incineration and/or emissions control.
d.
By December 31, 2019, Respondent shall replace
the belt drive systems on the center shaft cooling fans with direct drive systems
for Incinerators 1 through 4.
e.
By June 30, 2020, Respondent shall relocate and
consolidate the incinerator operations control room with other plant operations
to the Administration Building.
5.
Respondent shall provide documentation of
compliance with each deadline specified in paragraphs 4.a. through 4.e within
15 days of completion.
6.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
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Matthew Chaifetz, Senior Enforcement Case
Manager |
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Compliance and Enforcement Branch –
Mail Code 61-53 |
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Indiana Department of Environmental
Management |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
7.
Respondent is assessed and agrees to pay a civil penalty
of One Hundred Thirty-One Thousand One Hundred Fifty Dollars ($131,150.00). Said penalty amount shall be due and payable
to the Environmental Management Special Fund within thirty (30) days of the
Effective Date; the 30th day being the “Due Date”.
8.
In the event the terms and conditions of the
following paragraphs are violated, Complainant may assess and Respondent shall
pay a stipulated penalty in the following amount:
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Paragraph |
Violation |
Stipulated Penalty |
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4.a |
Fail to
update PLC programming |
$1,000 per
week or part thereof |
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4.b. |
Fail to
replace compressors |
$1,000 per
compressor per week or part thereof |
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4.c |
Fail to
review/update PMP |
$500/week or
part thereof |
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4.d |
Fail to
replace belt with direct drive on center shaft cooling fans |
$1,000 per
direct drive per week or part thereof |
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4.e |
Fail to
complete control room consolidation project |
$5,000 per
week or part thereof |
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5 |
Failure to report
completion of project(s) |
$500 per
week or part thereof |
9.
Stipulated penalties shall be due and payable
no later than the 30th day after Respondent receives written notice
that Complainant has determined a stipulated penalty is due; the 30th
day being the “Due Date”. Complainant
may notify Respondent at any time that a stipulated penalty is due. Failure to notify Respondent in writing in a
timely manner of a stipulated penalty assessment shall not waive Complainant’s
right to collect such stipulated penalty or preclude Complainant from seeking
additional relief against Respondent for violation of this Agreed Order. Neither assessment nor payment of stipulated
penalties shall preclude Complainant from seeking additional relief against
Respondent for a violation of this Agreed Order; such additional relief
includes any remedies or sanctions available pursuant to Indiana law,
including, but not limited to, civil penalties pursuant to IC 13-30-4.
10.
Civil and Stipulated penalties are payable by
check to the “Environmental Management Special Fund.” Checks shall include the Case Number of this
action and shall be mailed to:
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Indiana
Department of Environmental Management Accounts
Receivable |
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IGCN,
Rm 1340 |
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100
N Senate Ave |
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Indianapolis,
IN 46204 |
11.
This Agreed Order shall apply to and be binding
upon Respondent and their successors and assigns. Respondent’s signatories to this Agreed Order
certify that they are fully authorized to execute this Agreed Order and legally
bind the party they represent. No change in ownership, corporate, or partnership
status of Respondent shall in any way alter its status or
responsibilities under this Agreed Order.
12.
In the event that the monies due to IDEM
pursuant to this Agreed Order are not paid on or before their Due Date, Respondent
shall pay interest on the unpaid balance at the rate established by IC
24-4.6-1. The interest shall be computed
as having accrued from the Due Date until the date that Respondent pays any
unpaid balance. Such interest shall be
payable to the Environmental Management Special Fund, and shall be payable to
IDEM in the manner specified in Paragraph 10, above.
13.
In the event that any terms of this Agreed
Order are found to be invalid, the remaining terms shall remain in full force
and effect and shall be construed and enforced as if this Agreed Order did not
contain the invalid terms.
14.
Respondent shall provide a copy of this Agreed
Order, if in force, to any subsequent owners or successors before ownership
rights are transferred. Respondent shall
ensure that all contractors, firms and other persons performing work under this
Agreed Order comply with the terms of this Agreed Order.
15.
This Agreed Order is not and shall not be
interpreted to be a permit or a modification of an existing permit. This Agreed Order, and IDEM’s review or
approval of any submittal made by Respondent pursuant to this Agreed Order, shall not in
any way relieve Respondent of its obligation to comply with the
requirements of its applicable permit or any
applicable Federal or State law or regulation.
16.
Complainant does not, by its approval of this
Agreed Order, warrant or aver in any manner that Respondent’s compliance with
any aspect of this Agreed Order will result in compliance with the provisions
of any permit, order, or any applicable Federal or State law or
regulation. Additionally, IDEM or anyone
acting on its behalf shall not be held liable for any costs or penalties
Respondent may incur as a result of Respondent’s efforts
to comply with this Agreed Order.
17.
Nothing in this Agreed Order shall prevent or
limit IDEM’s rights to obtain penalties or injunctive relief under any
applicable Federal or State law or regulation, except that IDEM may not, and
hereby waives its right to, seek additional civil penalties for the same
violations specified in this AO’s Finding of Fact paragraph 6.
18.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the EPA or any other agency
or entity about any matters relating to this enforcement action. IDEM or anyone acting on its behalf shall not
be held liable for any costs or penalties Respondent may incur
as a result of such communications with the EPA or any other agency or entity.
19.
This Agreed Order shall remain in effect until
Respondent has
complied with all terms and conditions of this Agreed Order and IDEM has issued
a Resolution of Case letter to Respondent.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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CWA Authority, Inc. |
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By: |
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By: |
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Lynne
Sullivan, Chief |
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Printed: |
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Compliance
and Enforcement Section 2 |
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Title: |
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Office
of Air Quality |
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COUNSEL
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Date: |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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,
2019. |
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For
the Commissioner |
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Signed
on September 9, 2019 |
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Matthew
Stuckey, Deputy Assistant Commissioner |
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Office
of Air Quality |
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Indiana
Department of Environmental Management |
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