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STATE
OF INDIANA |
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BEFORE
THE INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. City of Greenfield, 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.
Respondent
owns/operates which owns and operates the municipal wastewater treatment plant
(WWTP), located at 809 S State Street, Greenfield, Hancock County, Indiana (the
Site).
3.
Respondent
is authorized by National Pollutant Discharge Elimination System (NPDES) Permit
Number IN0020109 (the Permit) to discharge wastewater treated in accordance
with the terms and conditions of the NPDES Permit from the Wastewater Treatment
Plant (WWTP) into Brandywine Creek, via 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:
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Chuck
Anderson |
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City of
Greenfield |
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10 S State St |
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Room 111 |
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Greenfield,
Indiana 46140 |
6.
During
an investigation on August 30, 2019 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 Indiana Code (IC) 13 and is
grounds for enforcement action by IDEM.
During the inspection on August 30,
2019, IDEM staff observed and documented that there was a connection failure
with a tank of Hypochlorite Solution that did not have an external holding
apparatus causing about 300 gallons of Hypochlorite Solution to be released, in
violation of Part
II.B.1.
9.
Pursuant
to 327 IAC 2-10-6, above ground storage tanks or storage areas containing
hazardous materials that are located outside a building must have secondary
containment.
During the inspection on August 30,
2019, IDEM staff observed and documented that the facility does not have a
containment area for the Hypochlorite Solution totes to prevent the materials
stored in the tank from entering waters of the state. Respondent failed to provide adequate
secondary containment for the Hypochlorite Solution storage tank, in violation
of 327 IAC 2-10-6.
10.
Pursuant
to 327 IAC 5-2-2, any discharge of pollutants into waters of the State, as a
point source discharge, is prohibited unless in conformity with a valid NPDES
permit obtained from IDEM prior to the discharge.
During the inspection on August 30,
2019, IDEM staff observed and documented that approximately 300 gallons of
Hypochlorite Solution was released into Brandywine Creek, a water of the State,
in violation of 327 IAC 5-2-2.
11.
Pursuant
to IC 13-18-4-5, a person may not: (1) throw, run, drain, or otherwise dispose;
or (2) cause, permit, or suffer to be thrown, run, drained, allowed to seep, or
otherwise disposed; into any of the streams or waters of Indiana any organic or
inorganic matter that causes or contributes to a polluted condition of any of
the streams or waters of Indiana.
Pursuant to IC 13-30-2-1(1), it is
unlawful for any person to discharge, emit, cause or allow any contaminant or
waste, including any noxious odor, either alone or in combination with contaminants
from other sources in the environment in any form that causes or would cause
pollution that violates or would violate rules, standards, or discharge or
emission requirements adopted by the appropriate board under the environmental
management laws.
Pursuant to 327 IAC 2-1-6(a)(1), all
surface waters at all times and at all places, including the mixing zone, shall
meet the minimum conditions of being free from substances, materials, floating
debris, oil or scum attributable to municipal, industrial, agricultural, and
other land use practices or other discharges that do any of the following:
a.
will
settle to form putrescent or otherwise objectionable deposits;
b.
are
in amounts sufficient to be unsightly or deleterious;
c.
produce
color, visible oil sheen, odor, or other conditions in such degree as to create
a nuisance;
d.
are
in concentrations or combinations that will cause or contribute to the growth
of aquatic plants or algae to such degree as to create a nuisance, be unsightly,
or otherwise impair the designated uses; and are in amounts sufficient to be
acutely toxic to, or to otherwise severely injure or kill aquatic life, other
animals, plants, or humans.
During the inspection on August 30,
2019, IDEM staff observed and documented that approximately 300 gallons of
Hypochlorite Solution was released, resulting in a fish kill, in violation of
IC 13-18-4-5, IC 13-30-2-1(1), and 327 IAC 2-1-6(a)(1).
12.
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
April 2019 through February 2020 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 June 2019, July
2019, and October 2019.
B. The monthly average concentration
limitation for TSS was exceeded during June 2019 and July 2019.
C. The weekly maximum average concentration
limitation for ammonia (as nitrogen) was exceeded during March, May, June,
July, August, September, October, November, and December 2019.
D. The monthly average concentration limitation
for ammonia (as nitrogen) was exceeded during May, June, July, September, and
October 2019.
E. The daily maximum concentration
limitation for copper, total recoverable, was exceeded during July and
September 2019.
F. The monthly average concentration limitation
for copper, total recoverable, was exceeded during July and September 2019.
G. The daily maximum concentration
limitation for E. coli was exceeded during April, June, and July 2019.
H. The monthly average concentration
limitation for E. coli was exceeded during July and September 2019.
I.
The
weekly maximum average concentration limitation for BOD, carbonaceous was
exceeded during June, July, and September 2019.
J. The monthly average concentration
limitation for BOD, carbonaceous was exceeded during June, July, and September
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.
13.
On
September 09, 2019 and September 24, 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 responses to
the letters explaining compliance actions Respondent took or would take to
address the violations. However, not all of the violations above
at the WWTP have been addressed.
14.
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 12 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 60 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:
A. Achieve and maintain compliance with effluent limitations contained in
the Permit, specifically TSS, ammonia (as nitrogen), copper, E.coli,
and BOD;
B. Develop and implement a preventative maintenance program for the sanitary
sewer collection system, which includes methods and milestone dates for
locating and eliminating sources of inflow and infiltration (I/I) in the sewer system;
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.
4.
Respondent shall, after completion of the work
required pursuant to the approved CP from Paragraph 3 above, demonstrate 6 consecutive
months of compliance (Compliance Demonstration) with the terms and conditions
of the Permit.
5.
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.
6.
The plans required by Order Paragraphs 3 and 5 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.
7.
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 6-month Compliance Demonstration,
as specified in Paragraph 4 above, will re-start. Failure to achieve compliance
at the conclusion of work under an AAP may subject Respondent to additional
enforcement action.
8.
Beginning with the first calendar quarter
following the Effective Date, Respondent shall submit to IDEM a written
progress report within 10 days of the end of each calendar quarter, which
identifies the compliance actions implemented during each quarter ending on
March 31st, June 30th, September 30th, and December 31st until completion of the
CP or AAP.
9.
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.
10.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
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Delaney
Isaacs, Enforcement Case Manager |
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Office
of Water Quality – IGCN 1255 |
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Indiana
Department of Environmental Management |
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100
North Senate Avenue |
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Indianapolis,
IN 46204-2251 |
11.
Respondent
is assessed and agrees to pay a civil penalty of Seven Thousand Seven Hundred eighteen Dollars ($7,718.00). 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:
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Paragraph |
Violation |
Stipulated Penalty |
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3 |
Failure
to submit the CP within the required time period. |
$250
per week late, or part thereof. |
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4 |
For
violations of terms and conditions of the Permit during the Compliance
Demonstration. |
$400
per violation |
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5 |
Failure
to submit the AAP, if required, within the given time
period. |
$500
per week late, or part thereof. |
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6 |
Failure
to modify the CP and/or AAP, if required, within the given time
period. |
$500
per week late, or part thereof. |
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7 |
Failure
to meet and/or implement any milestone date set forth in the approved CP or
AAP. |
$500
per week late, or part thereof. |
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8 |
Failure to submit to IDEM a written progress
report within 10 days of each calendar quarter. |
$150
per week late, or part thereof. |
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9 |
Failure
to operate the WWTP 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 2020-26756-W of this action
and shall be mailed to:
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Indiana
Department of Environmental Management |
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Accounts
Receivable |
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IGCN, Room
1340 |
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100 North
Senate Avenue |
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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.
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TECHNICAL RECOMMENDATION: |
RESPONDENT: |
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Department
of Environmental Management |
City of Greenfield |
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By:
__________________________ |
By:
________________________ |
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Samantha K.
Groce, Chief |
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Water
Enforcement Section |
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Surface Water, Operations & |
Printed:
_____________________ |
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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 September 23, 2020 |
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Martha
Clark Mettler |
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Assistant
Commissioner |
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Office
of Water Quality |