STATE OF INDIANA	)	SS:	BEFORE THE INDIANA DEPARTMENT OF
	)		ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION	)
COMMISSIONER OF THE DEPARTMENT				)
OF ENVIRONMENTAL MANAGEMENT,				)
				)
Complainant,				)
				)
v.				)	Case No. 2018-25481-W
				)
Jefferson Township Regional				)
Sewage District,				)
				)
Respondent.				)

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 Indiana Code (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 IC 13-13-1-1.

2. Jefferson Township Regional Sewage District (Respondent), which owns/operates the Wastewater Treatment Plant (WWTP), located at 2055 N SR 257, PO Box 4, in Otwell, Pike County, Indiana (the Site).

3. Respondent is authorized by its National Pollutant Discharge Elimination System (NPDES) Permit No. IN0046361 (the Permit), to discharge wastewater treated in accordance with the terms and conditions of the NPDES Permit from its WWTP into Little Flat Creek from Outfall 001.

4. IDEM has jurisdiction over the parties and the subject matter of this action pursuant to IC 13-30-3.

5. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (NOV) via Certified mail to:

Robert Rhodes, President

Jefferson Township Regional Sewage District

2055 N SR 257 PO Box 4

Otwell, Indiana 47564

6. During an investigation conducted by a representative of IDEM, violations were found, as described below.

7. Pursuant to 327 Indiana Administrative Code (IAC) 5-2-8(1) Respondent shall comply with all terms and condition of the Permit. Any permit noncompliance constitutes a violation of the Clean Water Act and Indiana Code (IC) 13 and is grounds for enforcement action by IDEM.

8. Pursuant to 327 IAC 2-4-1, 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 (MROs), which shall include flow measurements and wastewater characteristics.

Pursuant to 327 IAC 5-2-15, the permittee shall report to the Commissioner, using Discharge Monitoring Reports (DMRs). The reports shall be submitted as often as required by the permit and shall include the results of any monitoring specified by the permit pursuant to 327 IAC 5-2-13.

Pursuant to Part I.B.3 of the Permit, the permittee shall submit accurate monitoring reports to the IDEM. These reports shall include but not be limited to the DMR and MRO. All reports shall be submitted to IDEM no later than the 28^th day of the month following the monitoring period in which the permit becomes effective.

IDEM records indicate Respondent failed to submit DMRs and MROs in a timely manner from August 2015 through August, 2018, specifically the Respondent failed to timely submit August, September, November, and December 2015, January through October 2016, January through June 2017, August through December 2017, and January, February, April, and June 2018, in violation of 327 IAC 2-4-1, 327 IAC 5-2-15, and Part I.B.3 of the Permit.

9. On November 9, 2016 and June 22, 2017, IDEM sent Inspection Summary Letters to Respondent outlining violations at the Site. The letters required a response detailing actions taken to correct the violations. To date, IDEM has not received a response to the above noted violation and noncompliance letters, and the violations continue at the Site.

10. In recognition of the settlement reached, Respondent 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 adopted by Complainant or Complainant’s delegate (as evidenced by signature), and the adopted Agreed Order has been received by Respondent. This Agreed Order shall have no force or effect until the Effective Date. In addition to addressing the violations cited in Paragraph 8 of the Findings of Fact above, this Agreed Order also addresses any additional violations of these same rules that may have occurred subsequent to the issuance of the NOV and prior to the Effective Date.

2. Respondent shall comply with the rules and permit conditions listed in the findings above at issue.

3. Respondent shall, demonstrate six (6), consecutive months of compliance (Compliance Demonstration) with the terms and conditions of the Permit, specifically including compliance with reporting requirements.

4. Respondent shall, during the Compliance Demonstration period, submit DMRs and MROs to IDEM no later than the 20^th day of the month following the monitoring period.

5. Beginning on the Effective Date and continuing until the successful Compliance Demonstration as required by Paragraph 3 above, Respondent shall, at all times, operate its existing WWTP as efficiently and effectively as possible.

6. All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

Matthew Guell, Enforcement Case Manager

Office of Water Quality – IGCN 1255

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

7. Respondent is assessed and agrees to pay a civil penalty of Six Hundred ($600). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date, the 30^th day being a “Due Date.”

8. In the event the terms and conditions of the following paragraphs are violated, IDEM may assess and Respondent shall pay the corresponding stipulated penalty:

Paragraph	Violation	Stipulated Penalty
3	For violations of terms and conditions of the Permit during the Compliance Demonstration.	$500 per week late, or part thereof.
4	Failure to submit DMRs/MROs by the 20^th of every month.	$250 per week late, or part thereof.
5	Failure to operate the WWTP as efficiently and effectively as possible.	$250 per violation.

9. Stipulated penalties shall be due and payable no later than the 30^th day after Respondent receives written notice that IDEM has determined a stipulated penalty is due, the 30^th day being a “Due Date.” IDEM 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 IDEM’s right to collect such stipulated penalty or preclude IDEM from seeking additional relief against Respondent for violation of this Agreed Order. Neither assessment nor payment of stipulated penalties shall preclude IDEM 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 2018-25481-W of this action and shall be mailed to:

Office of Legal Counsel

Indiana Department of Environmental Management

IGCN, Room N1307

100 North Senate Avenue

Indianapolis, IN 46204

11. This Agreed Order shall apply to and be binding upon Respondent and its 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 and any accrued interest 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. The interest shall continue to accrue on the first of each month until the civil penalty and any interest accrued are paid in full. Such interest shall be payable to the Environmental Management Special Fund, and shall be payable to IDEM in the manner specified 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 the NOV.

18. Nothing in this Agreed Order shall prevent IDEM [or anyone acting on its behalf] from communicating with the United States Environmental Protection Agency (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 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 issues a Resolution of Case (close out) letter to Respondent.

TECHNICAL RECOMMENDATION:	RESPONDENT:
Department of Environmental Management	Jefferson Township Regional Sewage District
By:__________________________	By:________________________
Samantha K. Groce, Chief
Water Enforcement Section
Surface Water, Operations &	Printed:_____________________
Enforcement Branch
Office of Water Quality	Title:_______________________
Date:________________________	Date:_______________________
	COUNSEL FOR RESPONDENT:
	By:________________________
	Date:______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS ___________ DAY OF ________________, 20___.
	For The Commissioner:
	Signed on March 13, 2019
	Martha Clark Mettler
	Assistant Commissioner
	Office of Water Quality