A. Pursuant to 327 IAC 2-1-2(1), existing beneficial uses shall be maintained and protected for all waters of the state. No degradation shall be permitted which would interfere with or become injurious to existing or potential uses.

Warsaw permitted degradation of Walnut Creek, waters of the state, on or about numerous dates in July, August and September 2002 by discharging sludge and untreated/partially treated wastewater in combination from outfall 001 at its POTW that killed fish, and left a deposit of sludge in the stream bed of Walnut Creek, interfering with or injuring existing or potential beneficial uses, in violation of 327 IAC 2-1-2 (1).

B. Pursuant to 327 IAC 2-1-6(a) and Part I.A.2. of the Permit, all 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:

Warsaw caused and/or allowed the discharges of sludge and untreated/partially treated wastewater in combination from the POTW on or about numerous dates in July, August and September 2002 into Walnut Creek, waters of the state, that settled to form putrescent or otherwise objectionable deposits; that were in amounts sufficient to be unsightly or deleterious; that produced color, odor and other conditions in such a degree as to create a nuisance; which were in amounts sufficient to be toxic to or otherwise severely injure or kill aquatic life, other animals, plants; and/or which were in concentrations or combinations that caused or contributed to the growth of aquatic plants or algae to such a degree as to create a nuisance, in violation of 327 IAC 2-1-6(a) and Part I.A.2. of the Permit.

C. 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 prior to the discharge.

During July, August, and September 2002, Warsaw discharged quantities of surfactant (present in industrial wastewater entering and passing through the POTW), polymer (used for sludge thickening), whole effluent toxicity, and diesel or fuel oil (used for foam suppression) into Walnut Creek, waters of the state, without authority to do so pursuant to the Permit, in violation of 327 IAC 5-2-2.

D. Pursuant to 327 IAC 5-2-8(3) and Part II.A.2. of the Permit, Warsaw shall take all reasonable steps to minimize any adverse impact to waters of the state resulting from noncompliance with any effluent limitations specified in the Permit.

Warsaw failed to take all reasonable steps to minimize any adverse impact to Walnut Creek, waters of the state, by its failure to respond to the lack of proper treatment at the POTW which resulted in the discharge of sludge and untreated/partially treated wastewater in combination on or about numerous dates in July, August, and September 2002, in violation of 327 IAC 5-2-8(3) and Part II A. 2. of the Permit.

E. Pursuant to 327 IAC 5-2-8(8) and Part II.B.1.a. of the Permit, all waste collection, control, treatment, and disposal facilities shall at all times be operated as efficiently as possible and in a manner which will minimize upsets and discharges of excessive pollutants.

On numerous dates in July, August, and September 2002, Warsaw failed to efficiently operate its waste collection, control, treatment and disposal facilities at all times as efficiently as possible and in a manner which will minimize upsets and discharges of excessive pollutants by the following: It has failed to maintain in operational condition all aerators/diffusers necessary to provide thorough treatment; failed to utilize all available aerators; failed to take all necessary measures to remove excessive sludge from the treatment facility; failed to allow the digester to settle and to drain supernatant from the digester back to the plant; allowed excessive amounts of sludge to accumulate in the primaries; failed to promptly repair the skimmers in the primaries when they failed; allowed the polymer used in the sludge thickener, which is toxic to the activated sludge organisms, to enter the plant; and failed to adequately respond to inadequate and improper treatment at the plant. These events consequently allowed sludge and untreated/partially treated wastewater in combination to discharge from outfall 001 to Walnut Creek, and thus violated 327 IAC 5-2-8(8) and Part II.B.1.(a) of the Permit.

F. Pursuant to 327 IAC 5-2-8(9), 327 IAC 5-2-13 and Part I.B.1. of the Permit, samples and measurements taken as required by the Permit shall be representative of the volume and nature of the monitored discharge.

Large quantities of sludge and visible solids were discharged to Walnut Creek from outfall 001 of the Warsaw POTW on numerous dates in July, August, and September 2002. Quantities of sludge were present in Walnut Creek from outfall 001 downstream to its confluence with the Tippecanoe River. Warsaw’s Monthly Reports of Operation (MROs) and Discharge Monitoring Reports (DMRs) do not indicate the discharge of quantities of sludge or suspended solids representative of actual site conditions. During that time period, Warsaw did not maintain appropriate composite sampling equipment at the POTW effluent and did not prepare proper flow-weighted composite samples for analysis during this time period, as required by the Permit, all of which is in violation of 327 IAC 5-2-8(9), 327 IAC 5-2-13 and Part I.B.1. of the Permit.

G. Pursuant to 327 IAC 5-2-8-10(C)(iii) and Part II.C.3.c. of the Permit, any noncompliance which may pose a significant danger to human health or the environment must be reported to IDEM, by telephone, within 24 hours from the time the permittee becomes aware of such noncompliance, and in writing within five days of the time the permittee becomes aware of the circumstances.

Warsaw violated 327 IAC 5-2-8-10(C)(iii) and Part II.C.3.c. of the Permit, by its failure to report to IDEM by telephone within 24 hours from the time it became aware of the noncompliance and in writing within five days of the time it became aware of the circumstances that resulted in noncompliance which may pose a significant danger to human health or the environment by the release of sludge and untreated/partially treated wastewater in combination to Walnut Creek on or about numerous dates in July, August and September 2002.

H. Pursuant to 327 IAC 5-2-15 and Part I.B.5. of the Permit, the analytical and sampling methods used shall conform with the current version of 40 CFR, Part 136, unless the permittee receives prior written approval of IDEM and the United States Environmental Protection Agency (USEPA) to use another different but equivalent method. Analytical procedures in conformance with 40 CFR, Part 136 require that tests for BOD5 be conducted over a period of five days. Warsaw has not received written approval from IDEM or USEPA to use another different but equivalent method, and is therefore required to use the sampling and analytical method contained in 40 CFR, Part 136.

During 2002, Warsaw has routinely and systematically conducted analyses of samples for CBOD5, and TBOD5 for some days over a four-day period, and over a period of six or seven days for other samples, used invalid final effluent sample data for calculations recorded on the DMRs, used samples for compliance demonstration that sometimes exceed holding times, set insufficient final effluent sample bottles, and used invalid seed correction and final bottles in the calculation of effluent numbers. All of these practices are not in conformance with sampling and analytical methods contained in 40 CFR, Part 136 for determining CBOD5 and TBOD5 concentrations, and are in violation of 327 IAC 5-2-15 and part I.B.5. of the Permit.

I. Pursuant to 327 IAC 5-11 through 5-15 (subsequently repealed and repromulgated as 327 IAC 5-16 through 5-20, effective November 2000) and Part III of the Permit, Warsaw is required to operate its industrial pretreatment program as set forth in the Permit, which includes the requirement that it administer an effective and compliant program to ensure pretreatment of wastewater discharged to its POTW.

During July, August, and September 2002, Warsaw failed to administer its approved pretreatment program in an effective and compliant manner to ensure pretreatment of wastewater discharged to its POTW. Warsaw allowed chronic and ongoing toxicity of the POTW effluent that is attributable to industrial dischargers, and has failed to implement its approved pretreatment program, in violation of 327 IAC 5-11 through 5-15 (now 327 IAC 5-16 through 5-20) and Part III of the Permit. Warsaw also during this time period routinely accepted hauled waste from several of its industrial users without first determining whether that hauled waste was subject to categorical pretreatment standards or if such waste was in compliance with its own sewer user ordinance. Several of these industries are connected to the Warsaw sanitary sewer and routinely discharge sanitary and process wastewater to the POTW. Acceptance of hauled waste under such circumstances is in violation of 327 IAC 5-11 through 5-15 (327 IAC 5-16 through 5-20) and Part III of the Permit.

J. Pursuant to Part I.B.2 of the Permit, the raw influent and the wastewater from intermediate processes, as well as the final effluent, shall be sampled and analyzed for the pollutants and operational parameters specified by the applicable MRO form, as appropriate, in accordance with 327 IAC 5-2-13.

Pursuant to 327 IAC 5-2-8(9), 327 IAC 5-2-13, 327 IAC 5-2-14 and Parts I.B.2, I.B.6. and I.B.8. of the Permit, Warsaw is required to record specified information about each sample taken pursuant to the requirements of the Permit, and shall maintain records of this information.

On numerous dates in 2002, Warsaw failed to record all necessary steps and supporting data on its bench sheets for sample analyses for final effluent and intermediate process samples conducted pursuant to the Permit; failed to maintain bench sheets for each pollutant for every day that sample results were obtained; failed to prepare worksheets for ammonia nitrogen samples for weekends; failed to write in many data points for weekdays, thus prohibiting confirmation of sample results; used and recorded blank water with an unacceptably high ammonia concentration; failed to record the normality of the sulfuric acid solution; failed to record the amount of standard used, making it impossible to calculate standard recovery; and failed to routinely sample on holidays, in violation of 327 IAC 5-2-8(9), 327 IAC 5-2-13, 327 IAC 5-2-14 and Parts I.B.2, I.B.6. and I.B.8. of the Permit.

K. Pursuant to Part I.D. of the Permit, Warsaw is required to conduct a series of biomonitoring tests, and if such tests demonstrate that toxicity is present in the effluent, then it shall implement a Toxicity Reduction Evaluation (TRE). This Permit condition also requires Warsaw to reduce whole effluent toxicity, through the implementation of the TRE, as soon as possible but no later than three years after the demonstration of toxicity.

Whole effluent toxicity testing conducted by Warsaw’s contract lab indicated the final effluent was toxic after two tests were failed in a series of three during August, October, and November 1997. Therefore, Warsaw was required to implement the TRE and eliminate toxicity from its effluent by November 2000. The results of whole effluent toxicity biomonitoring of the effluent from Warsaw POTW outfall 001 have demonstrated at least 27 failed tests in the most recent three-year period.

Warsaw is in violation of Part I.D. of the Permit because the required TRE has not been conducted and whole effluent toxicity has not been eliminated.

L. Pursuant to IC 13-13-5-1(1), IDEM is charged with the administration and enforcement of the requirements of the Clean Water Act (CWA) in and for the State of Indiana. Pursuant to Section 405A of the CWA and Part II.B.4. of the Permit, solids, sludges, filter backwash, or other pollutants removed from or resulting from treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the state.

Warsaw violated Section 405A of the Clean Water Act and Part II.B.4. of the Permit by allowing the disposal of a large quantity of sludge, removed from or resulting from treatment or control of wastewaters, to Walnut Creek, waters of the state, from its permitted POTW outfall 001 on or about numerous dates in July, August, and September 2002. Sludge was present during this time period in the POTW effluent and in Walnut Creek from outfall 001 downstream to its confluence with the Tippecanoe River.

M. Pursuant to IC 13-18-4-5, it is unlawful for any person to throw, run, drain, or otherwise dispose into any of the streams or waters of Indiana; or cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters; any organic or inorganic matter that causes or contributes to a polluted condition of any waters, as determined by a rule of the board adopted under IC 13-18-4-1 and IC 13-18-4-3.

Warsaw caused and/or allowed the discharge of sludge and untreated/partially treated wastewater in combination, organic matter, from its POTW on or about numerous dates in July, August and September 2002 into Walnut Creek, waters of the state, in violation of 327 IAC 2-6.1-7, 327 IAC 2-1-6(a)(1) and 327 IAC 5-2-2 and thus in violation of IC 13-18-4-5.

N. Pursuant to 327 IAC 5-2-8(1) and Parts I.A.1. and II.A.1. of the Permit, Warsaw is required to 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.

As evidenced by the noncompliance cited in paragraphs B, D, E, F, G, H, I, J, and K above, Warsaw has violated 327 IAC 5-2-8(1) and Parts I.A.1. and II.A.1. of the Permit. Additionally, Warsaw has violated the Permit by exceeding the stated effluent limitations for dissolved oxygen, TSS, ammonia nitrogen, copper, E. coli, and CBOD5 in July 2002, nickel and cadmium in October 2001, and copper in December 2001.

O. Pursuant to IC 13-30-2-1, no person may discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste including any noxious odor, either alone or in combination with contaminants from other sources, into the environment or into any publicly owned treatment works in any form which causes or would cause pollution which violates rules, standards, or discharge or emission requirements adopted by the appropriate board pursuant to this title.

Warsaw has caused and/or allowed the discharge of sludge and untreated/partially treated wastewater in combination, a contaminant or waste, into the environment from its POTW on or about July, August, and September 2002, in violation of 327 IAC 2-1-2(1), 327 IAC 2-1-6(a)(1), 327 IAC 5-2-2, 327 5-2-8(1), 327 IAC 5-2-8(3), 327 IAC 5-2-8(8), 327 IAC 5-2-8(9), 327 IAC 5-2-8(10)(C)(iii), 327 IAC 2-6.1-7, 327 IAC 5-11 through 5-15, (subsequently repealed and repromulgated as 327 IAC 5-16-5-20), rules adopted by the Water Pollution Control Board, and thus violated IC 13-30-2-1(1).