STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

 

East Chicago Sanitary district,

Respondent.

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Case No. 2019-25989-W

 

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.             Respondent owns and operates the East Chicago Sanitary District Wastewater Treatment Plant (WWTP), located at 5201 Indianapolis Boulevard, East Chicago, Lake County, Indiana (the Site).

 

3.             Respondent is authorized by National Pollutant Discharge Elimination System (NPDES) Permit Number IN0022829 (the Permit) to discharge wastewater treated in accordance with the terms and conditions of the NPDES Permit from the WWTP into the West Branch Grand Calumet River, via Outfall 001.

 

Respondent, in regards to the Permit, is also known as the permittee.

 

4.        Pursuant to Part III.A. of the Permit, the permittee, hereinafter referred to as the “Control Authority,” is required to operate its approved industrial pretreatment program consistent with 327 IAC 5-16 through 5-21.

 

Respondent, also known as the Control Authority (CA), was approved to operate an industrial pretreatment program on February 14, 1986.

 

5.        Pursuant to 327 Indiana Administrative Code (IAC) 5-2-8(1), 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.

 

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

 

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

 

The Honorable Anthony Copeland, Mayor

City of East Chicago

4527 Indianapolis Boulevard

East Chicago, Indiana 46312

 

8.             Pursuant to Part III.A.5 of the Permit, the CA is required to report the compliance status of each Significant Industrial User (SIU) quarterly. The report is due by the 28th of the following months: April, July, October, and January of each year. The report shall include a description of corrective actions that have or will be taken by the CA and SIU to resolve the noncompliance situations. This report is to be sent to the Compliance Branch of the Office of Water Quality.

 

Respondent failed to submit compliance status reports for each SIU for the first, second, third, and fourth quarter of 2017 and for the first, second, and third quarter of 2018, in violation of Part III.A.5 of the Permit.

 

9.        Pursuant to 327 IAC 5-16-5.5, Publicly Owned Treatment Works (POTW) with approved pretreatment programs shall provide the approval authority with an annual report that briefly describes the POTW's program activities. The report required by this section must be submitted not later than one (1) year after approval of the POTW's pretreatment program and at least annually thereafter.

 

Pursuant to Part III.A.8 of the Permit, the CA is required to submit an annual report to the Pretreatment Group and EPA Region 5 by April 1, of each year. The CA shall also include a copy of the updated industrial user survey list. The annual report will be submitted in accordance with 40 CFR 403.12(i).

 

Respondent failed to submit the pretreatment annual report for 2017 and 2018, in violation of 327 IAC 5-16-5.5 and Part III.A.8 of the Permit.

 

10.      On July 6, 2018, a sixty (60) day extension was granted for the submittal of the 2017 Annual Report.  On December 3, 2018, a Noncompliance Letter was issued to Respondent requiring submittal of the 2017 Annual Report and the missing 2017 and 2018 Quarterly Reports.  The letter required submittal of these reports and, to date, they have not been received.

 

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.             Within thirty (30) days of the Effective Date, Respondent shall submit the compliance status reports for each SIU for the first, second, third, and fourth quarter of 2017 and for the first, second, and third quarter of 2018.

 

4.             Within thirty (30) days of the Effective Date, Respondent shall submit the 2017 and 2018 Pretreatment Annual Report.

 

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

 

Brandi Collignon, Enforcement Case Manager

Office of Water Quality – IGCN 1255

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

6.             Respondent is assessed and agrees to pay a civil penalty of Three Thousand Five Hundred Dollars ($3,500). 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.”

 

7.             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 the missing 2017 and 2018 Pretreatment SIU quarterly reports.

$250 per week late, or part thereof.

4

Failure to submit the 2017 and 2018 Pretreatment Annual Report.

$250 per week late, or part thereof.

 

8.             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.

 

9.             Civil and stipulated penalties are payable by check to the “Environmental Management Special Fund.” Checks shall include the Case Number 2019-25989-W of this action and shall be mailed to:

 

Indiana Department of Environmental Management

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, Indiana 46204

 

10.         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.

 

11.         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.

 

12.         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.

 

13.         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.

 

14.         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.

 

15.         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.

 

16.         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.

 

17.         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.

 

18.         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.

 

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.

 

TECHNICAL RECOMMENDATION:

RESPONDENT:

Department of Environmental Management

East Chicago Sanitary 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 September 18, 2019

 

Martha Clark Mettler

 

Assistant Commissioner

 

Office of Water Quality