NOTICE OF VIOLATION
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Via Certified
Mail No.: |
Via Certified
Mail No.: |
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Scott
Salsberry, Superintendent |
Micheal
Couch, Registered Agent |
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Lawrence
Utilities LLC |
Lawrence
Utilities LLC |
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9201 Harrison
Park Court |
9105 East 56
Street, Suite 2100 |
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Lawrence, Indiana 46216 |
Indianapolis,
Indiana 46216 |
Case No. 2020-26949-W
Pursuant to Indiana Code (IC) 13-30-3-3, the Indiana
Department of Environmental Management (IDEM) issues this Notice of
Violation. Based on an investigation,
IDEM has reason to believe that Lawrence Utilities LLC (Respondent) has violated environmental
rules. The violations are based on the following:
1.
Respondent
owns/operates a wastewater collection system which provides service to the City
of Lawrence in Marion County,
Indiana (the Site).
2.
On
October 14, 2019, an estimated 50,000 gallons of sewage overflowed from a
manhole next to Lift Station No. 19. The lift station was under repair at the
time of the spill and as a result of a malfunction sewage overflowed from the
manhole into Indian Creek. Dead fish
were reportedly observed in Indian Creek.
A spill response action was taken by the Respondent, which included the
removal of dead fish and solid debris, and the disinfecting of soil with the
application of lime to the ground surface.
On November 21, 2019, IDEM conducted a reconnaissance inspection at the
site of the incident.
3.
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
e. 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 November 21, 2019, IDEM staff observed the incident scene and
documented that 50,000 gallons of sewage overflowed from a manhole adjacent to
Lift Station No. 19 into Indian Creek resulting in water quality violations and
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).
4.
Pursuant
to 327 IAC 2-6.1-7, any person who operates, controls, or maintains a facility
from which a spill occurs shall notify IDEM as soon as possible but within two
(2) hours of discovery.
Respondent
failed to notify IDEM of the spill of 50,000 gallons of sewage into the Indian
Creek within two (2) hours of discovery, which resulted in a fish kill in
Indian Creek, in violation of 327 IAC 2-6.1-7.
In accordance
with IC 13-30-3-3, the Commissioner herein provides notice that violations may
exist and offers an opportunity to enter into an Agreed Order providing for the
actions required to correct the violations and, as necessary and appropriate,
for the payment of a civil penalty. The Commissioner is not required to extend
this offer for more than 60 days.
As provided in IC
13-30-3-3, an alleged violator may enter into an Agreed Order without admitting
that the violations occurred. IDEM encourages settlement by Agreed Order,
thereby resulting in quicker correction of the environmental violations and
avoidance of extensive litigation. Timely settlement by Agreed Order may result
in a reduced civil penalty. Also, settlement discussions will allow the
opportunity to present any mitigating factors that may be relevant to the
violations.
If an Agreed Order
is not entered into within 60 days of receipt of this Notice of Violation, the
Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the
actions that must be taken to correct the violations and requiring the payment
of an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may
assess penalties of up to $25,000 per day for each violation.
Please contact
Patrick Colcord at (317) 232-8432 or pcolcord@idem.in.gov within 15 days after
receipt of this Notice to discuss resolution of this matter.
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For the
Commissioner: |
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Date:______________________ |
Signed
on June 25, 2020 |
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Samantha K.
Groce, Chief |
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Enforcement
Section |
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Surface
Water, Operations & |
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Enforcement
Branch |
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Office of
Water Quality |
cc: Marion County Health Department