STATE
OF INDIANA |
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BEFORE
THE INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. Love’s Travel stops and country stores, inc., 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.
Love’s Travel Stops and Country
Stores, Inc. (Respondent), which owns/operates the Love’s Travel Stops and
Country Stores Wastewater Treatment Plant, located at 6190 S. State Road 109,
Knightstown, Henry County, Indiana (the Site).
3.
Respondent is authorized by its
National Pollutant Discharge Elimination System (NPDES) Permit No. IN0059617 (the
Permit), to discharge wastewater treated in accordance with the terms and
conditions of the NPDES Permit from its Wastewater Treatment Plant (WWTP) into Montgomery
Ditch into Big Blue 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:
Shane Warton, President |
C T Corporation System |
Love’s Travel Stops and Country Stores, |
Love’s Travel Stops and Country, |
Inc. |
Stores, Inc. |
10601 N Pennsylvania Ave |
10601 N Pennsylvania Ave |
Oklahoma City, OK 73120 |
Oklahoma City, OK 73120 |
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 July 2017 through March 2020 revealed violations
of effluent limitations contained in Part I.A.1 of the Permit as follows:
A.
The daily maximum average concentration
limitation for E. coli was exceeded during July and August 2018 and June and
August 2019.
B.
The weekly maximum average
concentration limitation for total suspended solids (TSS) was exceeded during
November 2017, March, July, August and December 2018, January, April, May,
August, September, October, November and December 2019, and May 2020.
C.
The weekly maximum average loading
limitation for TSS was exceeded during March, July, and August 2018, and
January, April, August and October 2019.
D.
The monthly maximum average
concentration limitation for TSS was exceeded during March, July, August and
December 2018, January, March, April, May, August, September, October, November
and December 2019, and May 2020.
E.
The monthly average loading
limitation for TSS was exceeded during August 2018, and January, April and August 2019.
F.
The weekly maximum average
concentration limitation for ammonia (as nitrogen) was exceeded during January
and July 2018, February and November 2019, and March 2020.
G.
The weekly maximum average loading
limitation for ammonia (as nitrogen) was exceeded during January and July 2018,
and February 2019.
H.
The monthly maximum average concentration
limitation for ammonia (as nitrogen) was exceeded during January and July 2018,
and February 2019.
I.
The monthly maximum average loading
limitation for ammonia (as nitrogen) was exceeded during January 2018 and
February 2019.
J.
The monthly average concentration
limitation for phosphorus was exceeded during May, July, and August 2018, and
January, February, August, November and December 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.
On
January 11, 2018, October 15, 2018, June 13, 2019, and September 5, 2019, IDEM
sent Inspection Summary Letter(s) and/or Noncompliance Letter(s) to Respondent
outlining violations at the WWTP. The letters required a response detailing
actions taken to correct the violations. IDEM received responses to the letter(s)
explaining compliance actions Respondent took or would take to address the
violations. However, the violations noted above continue at the WWTP.
10.
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 Paragraph 8 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 achieve and
maintain compliance with effluent limitations contained in the Permit,
specifically E. coli, TSS, ammonia (as nitrogen) and phosphorus.
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 12 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 or any modified 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 12 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.
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.
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:
Grant Chaddock, 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 Thirteen Thousand Six Hundred Twelve Dollars ($13,612). 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 the CP within
the required time period. |
$250 per week late, or part
thereof. |
4 |
For violations of terms and
conditions of the Permit during the Compliance Demonstration. |
$400 per violation |
5 |
Failure to submit the AAP, if
required, within the given time period. |
$500 per week late, or part
thereof. |
6 |
Failure to modify the CP and/or AAP,
if required, within the given time period. |
$500 per week late, or part
thereof. |
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. |
8 |
Failure to
submit to IDEM a written progress report within 10 days of each milestone
date. |
$150 per week late, or part
thereof. |
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 2020-27084-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 |
Love’s Travel
Stops and Country Stores, Inc. |
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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 November 19, 2020 |
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Martha Clark Mettler |
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Assistant Commissioner |
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Office of Water Quality |