STATE
OF INDIANA |
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BEFORE
THE INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. crawfordsville energy, llc, 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 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.
Crawfordsville
Energy, LLC (Respondent) owns/operates the facility, located at 700 Lafayette
Road, Crawfordsville, Montgomery County,
Indiana (the Site).
3.
Respondent
is authorized by National Pollutant Discharge Elimination System (NPDES) Permit
Number IN0038806 (the Permit) to discharge wastewater treated in accordance
with the terms and conditions of the NPDES Permit from the wastewater treatment
plant (WWTP) into Sugar Creek and Whitlock Springs, via Outfall 003.
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/personal service to:
William
Harrington, President |
Pedro Porras,
Certified Operator |
Sterling
Energy Group, Inc. |
Crawfordsville
Energy, LLC |
532
Connecticut Street |
700 Lafayette
Road |
Gary, Indiana
46402 |
Crawfordsville,
Indiana 47933 |
6.
During
an investigation conducted by a representative of IDEM, violations were found,
as described below.
7.
327
Indiana Administrative Code (IAC) 5-2-8(1) states the permittee shall comply
with all terms and condition of the Permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and IC 13 and is grounds for
enforcement action by IDEM.
8.
Pursuant
to Part I.C.2 of the Permit, the permittee shall submit monitoring reports to
the IDEM containing results obtained during the previous month and shall be
submitted no later than the 28th day of the month following each
completed monitoring period. These reports shall include, but not necessarily
be limited to, the Discharge Monitoring Reports (DMRs) and Monthly Monitoring
Reports (MMRs).
IDEM
records indicate Respondent failed to submit DMRs and MMRs from September 2017
to September 2018, in violation of Part I.C.2 of the Permit.
9.
Pursuant
to IC 13-18-11-14 and Part II.A.13 of the Permit, it is unlawful for any
person, firm or corporation, both municipal and private, to operate a water or
WWTP or a water distribution system unless the operator in responsible charge
is duly certified by the Commissioner under the provisions of this
chapter. Furthermore, it shall be
unlawful for any person to perform the duties of an operator in responsible
charge of such works as defined herein without being duly certified under the
provisions of this chapter.
Pursuant to 327 IAC 5-22-10 and Part II.A.13 of the Permit, the owner or governing body of a
WWTP shall be responsible for placing each WWTP under the direct supervision of
one certified operator to be in responsible charge.
IDEM
records indicate Respondent failed to appoint an operator certified by the
Commissioner, in violation of IC 13-18-11-14, 327 IAC 5-22-10, and Part II.A.13 of the Permit.
10.
On
January 26, 2016 and February 21, 2018, IDEM sent a Violation Letter and
Inspection Summary/Noncompliance Letter to Respondent outlining violations at
the WWTP. The letters required a response detailing actions taken to correct
the violations. IDEM received responses to the letters explaining compliance
actions Respondent took or would take to address the violations. However, the
violations noted above continue at the WWTP.
11.
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 Paragraphs 8 and 9 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 rules and statutes listed in the findings above at issue.
3.
Respondent
agrees to submit DMRs and MMRs electronically via NetDMR, by the 28th day of
the month following the monitoring period. NetDMR is a free web-based tool that
allows NPDES permittees to electronically sign and submit DMRs to IDEM. NetDMR
instructions are located at http://in.gov/idem/cleanwater/2422.htm.
4.
Within
30 days of the Effective Date, Respondent shall submit MROs and DMRs listed in
Paragraph 8 of the Findings of Facts above.
5.
Within
30 days of the Effective Date, Respondent shall comply with IC 13-18-11-14, 327 IAC 5-22-10, and
Part II.A.13 of the current Permit, in that the Respondent shall assure that
that the Site is in responsible charge of a duly certified operator, and submit
documentation to IDEM. The documentation shall include the certified operator’s
name, a copy of their operator’s license, their contact information, and the
effective date of the change in operator.
6.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
Olivia
Kuss, 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 Four Thousand Seven Hundred
Sixty Dollars ($4,760). Said penalty amount shall be due and payable to the
“Environmental Management Special Fund” within 30 days of the Effective Date,
the 30th 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 |
Failure
to submit DMRs and MMRs electronically via NetDMR within the given time
period. |
$250
per week late, or part thereof. |
4 |
Failure
to submit missing DMRs and/or MMRs within the given time period. |
$250
per week late, or part thereof. |
5 |
Failure
to appoint a duly certified operator. |
$500
per week late, or part thereof. |
5 |
Failure
to submit written notice as required. |
$300
per violation |
9.
Stipulated
penalties shall be due and payable no
later than the 30th day after Respondent receives written
notice that IDEM has determined a stipulated penalty is due, the 30th 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 2018-25681-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, 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 permits or any applicable Federal or State law
or regulation.
16.
Complainant
does not, by his 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 Notice of Violation.
18.
Nothing
in this Agreed Order shall prevent IDEM (or anyone acting on its behalf) from
communicating with the United States Environmental Protection Agency (US 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 US EPA or any other agency or entity.
19.
This
Agreed Order shall remain in effect until Respondent has complied with the
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 |
Crawfordsville Energy, LLC |
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By:__________________________ |
By:________________________ |
Samantha K.
Groce, Chief |
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Water
Enforcement Section |
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Surface Water, Operations & |
Printed:_____________________ |
Enforcement Branch |
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Office of Water Quality |
Title:_______________________ |
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Date:________________________ |
Date:_______________________ |
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COUNSEL
FOR RESPONDENT: |
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By:________________________ |
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Date:______________________ |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
THIS ___________ DAY OF ________________, 20___. |
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For
The Commissioner: |
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Signed on February 5, 2019 |
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Martha
Clark Mettler |
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Assistant
Commissioner |
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Office
of Water Quality |