STATE
OF INDIANA |
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BEFORE
THE INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. HAZlETON WATER DEPARTMENT, 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.
Hazleton
Water Department (Respondent), which owns/operates a water treatment facility,
located at 600 Catt St., Hazleton, Gibson County, Indiana (the Site).
3.
Respondent
is authorized by its National Pollutant Discharge Elimination System (NPDES)
Permit No. IN0060143 (the Permit), to discharge filter backwash treated in
accordance with the terms and conditions of the Permit from its public water
supply into the White River 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/personal service to:
Clarence
Cornwell |
James R.
Brines |
Town Council
President |
Water
Superintendent |
Hazleton
Water Department |
Hazleton
Water Department |
107 N. Main
St. |
107 N. Main
St. |
Hazleton, IN
47640 |
Hazleton, IN
47640 |
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 conditions 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 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.C.2 of the Permit,
the permittee shall submit accurate reports containing results obtained during
the previous monitoring period, and shall be postmarked no later than the 28th
day of the month following each completed monitoring period. These reports
shall include, but not limited to, the MRO and the DMR. All reports shall be
submitted electronically using the NetDMR website.
Respondent failed to submit MROs and
DMRs timely for the second, third, and fourth quarters of 2018 and the first,
third, and fourth quarters of 2019, in violation of 327 IAC 2-4-1, 327 IAC
5-2-15, and Part I.C.2 of the Permit.
9.
Pursuant to 327 IAC 5-2-8(7), the permittee shall furnish to
the commissioner, within a reasonable time, any information that the
commissioner may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the permit or to determine compliance
with the permit. The permittee shall also furnish to the commissioner, upon
request, copies of records required to be kept by the permit and 40 CFR
122.41(h).
On March 13, 2019, May 22, 2019, and
June 25, 2019, IDEM sent correspondence to the Respondent requesting
information necessary to determine compliance with the permit. To date, Respondent has failed to furnish the
necessary information, in violation of 327 IAC 5-2-8(7).
10.
On
March 13, 2019, IDEM sent a Noncompliance Letter to Respondent outlining
violations at the water treatment plant.
On May 22, 2019, IDEM sent Inspection Summary Letter to Respondent
outlining violations at the water treatment plant. On June 25, 2019, IDEM sent
a No Response Letter to Respondent requesting a response detailing actions
Respondent will take to correct the violations.
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 water
treatment plant.
11.
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 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.
Beginning immediately upon the Effective Date,
Respondent shall monitor and submit DMRs and MROs as required by the Permit for
four (4) consecutive quarters of operation (Compliance Demonstration).
4.
Within 30 days of the Effective Date, Respondent shall
electronically submit the missing MROs and DMRs for the third and fourth
quarters of 2019.
5.
Within 15 days of the Effective Date, Respondent shall
provide a response to the above noted IDEM correspondence, to the address
listed in Order Paragraph 12.
6.
In
the event that violation(s) occur during the Compliance Demonstration, within
30 days of the violation, Respondent shall develop and submit to IDEM, for
approval, an Additional Action Plan (AAP) which identifies the additional
actions that Respondent will take to achieve and maintain compliance with the
terms and conditions of the Permit. The AAP, if required, shall include an
implementation and completion schedule, including specific milestone dates.
7.
The plan required by Order Paragraph 6 is
subject to IDEM approval. In the event IDEM determines that any plan submitted
by Respondent is deficient or otherwise unacceptable, Respondent shall revise
and resubmit the plan to IDEM in accordance with IDEM’s notice. After three
submissions of such plan by Respondent, IDEM may seek civil enforcement of this
Order.
8.
Respondent, upon receipt of written
notification from IDEM, shall immediately implement the approved plan(s) and
adhere to the milestone dates therein. The approved plan shall be incorporated
into the Agreed Order and shall be deemed an enforceable part thereof.
Following
completion of the actions included in the AAP, the Compliance Demonstration, as
specified in Paragraph 3 above, will re-start. Failure to achieve compliance at
the conclusion of work under an AAP may subject Respondent to additional
enforcement action.
9.
Beginning on the Effective Date and continuing
until the successful completion of this agreed order, Respondent shall, at all
times, operate its existing water treatment plant as efficiently and effectively
as possible.
10.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
Jessica
Irvine, Enforcement Case Manager |
Office
of Water Quality – IGCN 1255 |
Indiana
Department of Environmental Management |
100
North Senate Avenue |
Indianapolis,
IN 46204-2251 |
11.
Respondent
is assessed and agrees to pay a civil penalty of One Thousand One Hundred
Dollars ($1,100). 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.”
12.
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 MROs and DMRs as required by the Permit within the given time
period. |
$250
per week late, or part thereof. |
4 |
Failure
to submit missing MROs and/or DMRs within the given time period. |
$250
per week late, or part thereof. |
5 |
Failure to provide requested data within the
given time period. |
$250 per week late, or part thereof. |
6 |
For
violations of terms and conditions of the Permit during the Compliance
Demonstration. |
$400
per violation |
6 |
Failure
to submit the AAP, if required, within the given time period. |
$500
per week late, or part thereof. |
7 |
Failure
to modify the AAP, if required, within the given time period. |
$500
per week late, or part thereof. |
8 |
Failure
to meet and/or implement any milestone date set forth in the approved AAP. |
$500
per week late, or part thereof. |
9 |
Failure
to operate the water treatment plant as efficiently and effectively as
possible prior to Compliance Demonstration. |
$200
per violation. |
13.
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.
14.
Civil
and stipulated penalties are payable by check to the “Environmental Management
Special Fund.” Checks shall include the Case Number 2019-26281-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 |
15.
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.
16.
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.
17.
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.
18.
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.
19.
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.
20.
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.
21.
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.
22.
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.
23.
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 |
Hazleton
Water Department |
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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 May 29, 2020 |
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Martha
Clark Mettler |
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Assistant
Commissioner |
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Office
of Water Quality |