STATE
OF INDIANA |
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BEFORE
THE INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. Town of monroe city, 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.
The
Town of Monroe City (Respondent), which owns/operates the Town of Monroe City
Wastewater Treatment Plant, located at State Road 61, 0.6 miles south of Monroe
City, Knox County, Indiana (the Site).
3.
Respondent
is authorized by its National Pollutant Discharge Elimination System (NPDES)
Permit No. IN0023795 (the Permit), to discharge wastewater treated in
accordance with the terms and conditions of the NPDES Permit from its Wastewater
Treatment Plant (WWTP) into Wilson 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/personal service to:
Mike Leech,
Town Council President |
Nancee Scott,
Clerk-Treasurer |
Town of
Monroe City |
Town of
Monroe City |
P.O. Box 163 |
P.O. Box 163 |
Monroe City,
Indiana 47557 |
Monroe City,
Indiana 47557 |
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 Part I.A.1 of the Permit, the permittee is required to comply with the
monitoring requirements contained in the Permit, including effluent
limitations.
Discharge
Monitoring Reports (DMRs) and Monthly Reports of Operation (MROs) submitted by
Respondent for the period of January 2017 through April 2019 revealed
violations of effluent limitations contained in Part I.A.1 of the Permit as
follows:
A.
The
weekly maximum average concentration limitation for total suspended solids
(TSS) was exceeded during January through December 2017, January through
December 2018, and January through March 2019.
B.
The
weekly maximum average loading limitation for TSS was exceeded during February
through May 2017, October 2017, November 2017, January 2018, March 2018, April
2018, August 2018, November 2018, December 2018, January 2019, March 2019, and
April 2019.
C.
The
monthly average concentration limitation for TSS was exceeded during January
through December 2017, January through December 2018, January 2019, February
2019, and April 2019.
D.
The
monthly average loading limitation for TSS was exceeded during February through
April 2017, November 2017, January 2018, March 2018, April 2018, and January
2019.
Respondent
failed to comply with the effluent limitations from Outfall 001 contained in
the Permit, in violation of Part I.A.1 of the Permit.
9. Pursuant to Part II.B.1.f of the Permit, there shall be an
ongoing preventative maintenance program for the sanitary sewer system.
Based on an inspection on January 15,
2019, and October 31, 2019, Respondent failed to develop and implement a
preventative maintenance program for the sanitary sewer system, in violation of
Part II.B.1.f of the Permit.
10.
Pursuant to 327 IAC 5-2-8(9) and Part II.B.1.b of the
Permit, the permittee shall at all times maintain in good working order and
efficiently operate all facilities and systems for collection and treatment.
Based
on an inspection on January 15, 2019, and October 31, 2019, the alarm system
and on-site generator were found to be inadequate. The plant lift station has
no alarm, and the on-site generator does not start automatically during a power
outage, in violation of 327 IAC 5-2-8(9) and Part II.B.1.b of the Permit.
11.
On January
17, 2019, and November 14, 2019, IDEM sent Inspection Summary Letters to
Respondent outlining violations at the WWTP. The letters required a response
detailing actions taken to correct the violations. IDEM received a response to
the January 17, 2019, letter explaining compliance actions Respondent took or
would take to address the violations. However, the violations noted above
continue at the WWTP.
12.
On
March 18, 2019, IDEM sent a Laboratory Audit Letter to Respondent outlining
violations at the WWTP Lab. The letter
required a response detailing action taken to correct the violations. IDEM received a response to the letter
explaining compliance actions Respondent took or would take to address the
violations. The October 31, 2019,
inspection confirmed that Respondent has taken appropriate action to address
the violations at the WWTP Lab.
13.
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 through 10 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 Permit, rules, and statutes listed in the findings above
at issue.
3.
Within
30 days of the Effective Date, Respondent shall develop and submit to IDEM for
approval a Preventative Maintenance Plan (PMP)
The
PMP is subject to IDEM approval. In the event IDEM determines the PMP is
deficient or otherwise unacceptable, Respondent shall revise and resubmit the
PMP to IDEM in accordance with IDEM’s notices. After three (3) submissions of
the PMP by Respondent, IDEM may seek civil enforcement of this Order.
Respondent,
upon receipt of written notification from IDEM, shall immediately implement the
approved PMP.
4.
Within 30 days of the
Effective Date, Respondent shall develop and submit to IDEM for approval a
Compliance Plan (CP) which identifies actions that Respondent will take to
achieve and maintain compliance with its Permit, specifically including the
actions Respondent will take to:
The
CP shall include an implementation and completion schedule, including specific
milestone dates.
Respondent
shall notify IDEM in writing of variations to the approved CP.
5.
Respondent shall, after completion of the work
required pursuant to the approved CP from Paragraph 4 above, demonstrate six
(6) consecutive months of compliance (Compliance Demonstration) with the terms
and conditions of the Permit.
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 plans required by Order Paragraphs 4 and 6
are 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 CP and AAP 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 six (6) month Compliance
Demonstration, as specified in Paragraph 5 above, will re-start. Failure to
achieve compliance at the conclusion of work under an AAP may subject
Respondent to additional enforcement action.
9.
Within 10 days of each required milestone date
included in the CP or AAP, Respondent shall submit to IDEM a written progress
report or notification of completion for each milestone.
10.
Beginning on the Effective Date and continuing
until the successful completion of the approved CP, Respondent shall, at all
times, operate its existing WWTP as efficiently and effectively as possible.
11.
All
submittals required by this Agred Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
David
Koehler, Enforcement Case Manager |
Office
of Water Quality – IGCN 1255 |
Indiana
Department of Environmental Management |
100
North Senate Avenue |
Indianapolis,
IN 46204-2251 |
12.
Respondent
is assessed and agrees to pay a civil penalty of Two Thousand Six Hundred Forty
Dollars ($2,640). 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.”
13.
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 develop and submit a PMP. |
$150
per week late, or part thereof. |
3 |
Failure
to implement the approved PMP. |
$250
per week late, or part thereof. |
4 |
Failure
to submit the CP within the required time period. |
$250
per week late, or part thereof. |
5 |
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 CP and/or 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 CP or
AAP. |
$500
per week late, or part thereof. |
9 |
Failure to submit to IDEM a written progress
report within 10 days of each milestone date. |
$150
per week late, or part thereof. |
10 |
Failure
to operate the WWTP as efficiently and effectively as possible prior to
Compliance Demonstration. |
$200
per violation. |
14.
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.
15.
Civil
and stipulated penalties are payable by check to the “Environmental Management
Special Fund.” Checks shall include the Case Number 2019-26487-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 |
16.
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.
17.
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.
18.
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.
19.
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.
20.
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.
21.
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.
22.
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.
23.
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.
24.
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 |
Town of Monroe City |
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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 March 11, 2020 |
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Martha
Clark Mettler |
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Assistant
Commissioner |
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Office
of Water Quality |