Wednesday, August 08, 2007

3 APRIL 2007 AMENDED NOTICE OF VIOLATION FOR VRUC

Mitchell E. Daniels, Jr.,
Governor
100 N Senate Avenue I
Indianapolis, Indiana 46204-2251
(800) 451-6027(317) 232-8603
www.IN.gov/idem

Thomas W Easterly
Commissioner

Via Certified Mail #:

To: Jerry Hacker, President
Valley Rural Utility Company
19435 Alpine Drive
Lawrenceburg, IN 47025

To: L. Parvin Price, Esq., Registered Agent
for Valley Rural Utility Company
Bose McKinney & Evans, LLP
135 N. Pennsylvania Street
Suite 2700
Indianapolis, IN 46204

AMENDED NOTICE OF VIOLATION
Case No. 2006-15965-W

Based on an investigation conducted by the Indiana Department of Environmental Management (“IDEM”), there is reason to believe that Valley Rural Utility Company (“Respondent”) has violated environmental rules, statutes, and its Operational Permit. The violations are based on the following:

1. The Respondent owns and operates a private 100% sanitary sewer collection system, including numerous lift stations and manholes, and flow equalization basin, which serves the Hidden Valley Lakes Subdivision, located at 19435 Alpine Drive, in Lawrenceburg, Dearborn County, Indiana (the “Site”).

2. The Respondent is authorized by its Operational Permit Number INU043168 (the “Permit”) to manage and operate its wastewater collection system for all domestic wastewater from the Valley Rural Utility Company Service Area (approximately 1,700 single-family homes at the Site). Wastewater is pumped via lift stations to the City of Greendale Utility Collection System, to the South Dearborn Regional Sewer District’s wastewater treatment plant (“WWTP”) for treatment, which is then discharged to the Ohio River. The Permit expressly prohibits the discharge of wastewater from the Respondent’s collection system.

3. Pursuant to 327 Indiana Administrative Code (“IAC”) 5-2-8(1), and Part II.A.1 of the permit, the Respondent is required to 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 or permit termination, revocation and re-issuance, modification, or denial of a permit renewal application.

4. Pursuant to 327 IAC 5-2-2, any discharge of pollutants into waters of the state as a point source discharge, except for exclusions made in 327 IAC 5-2-4, is prohibited unless in conformity with a valid National Pollutant Discharge Elimination System (“NPDES”) permit obtained prior to the discharge.
5. From the effective date of the Permit on December 1, 1997, until it expired on October 31, 2002, the Respondent was authorized to operate its sanitary sewer system at the Site. After the Permit expired, the Respondent continued to comply with the Permit’s monthly reporting requirements but has discharged its waste from the Site to Double Lick Creek and/or Hidden Valley Lake, which are waters of the state, without a valid Permit, and failed to timely renew the Permit, and therefore remains in violation of 327 IAC 5-2-2.

6. Pursuant to Part I.A.1 of the Permit, the Respondent is required to monitor and report all discharges from the six (6) overflow points identified by the Permit that are present in the Respondent’s sanitary sewer system that are expressly prohibited from discharging at any time and comply with monitoring and reporting requirements contained in Part I.A.1 of the Permit.

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

(A) that will settle to form putrescent or otherwise objectionable deposits;
(B) that are in amounts sufficient to be unsightly or deleterious;
(C) that produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance;
(D) which are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants, or humans; and
(E) which 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 other wise impair the designated uses.

8. Pursuant to IC 13-30-2-1(1), a person may not 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.

9. 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 sections 1 and 3 of this chapter.

10. During IDEM’s record review for the period from January 2004 to March 2007, the Respondent reported twenty-eight (28) separate overflows and/or bypasses of treatment from its sanitary sewer system to Double Lick Creek and/or Hidden Valley Lake, which are waters of the state, in violation of Part I.A.1 and Part I.A.2 of the Permit and 327 IAC 2-1-6(a)(1), and thus violating IC 13-30-2-1(1) and IC 13-18-4-5.

11. Pursuant to Part II. A.5 of the Permit and 327 IAC 2-1.5-8, the Respondent is required, at all times, to maintain all facilities, in good working order and operate all facilities as efficiently as possible and in a manner which will minimize upsets and discharges of excessive pollutants.
12. The Respondent failed to maintain compliance with the Permit and therefore remains in violation of Part II. A.5 of the Permit and 327 IAC 2, IC 13-30, IC 13-18, and 327 IAC 5.

13. Pursuant to Part II. A.7 of the Permit and 327 IAC 2-1.5-8, any diversion or overflow from the wastewater collection system is prohibited, except where unavoidable to prevent loss of life, personal injury, severe property damage, or there is not feasible alternative to the overflow event.

14. The Respondent reported twenty-eight (28) separate overflows and/or bypasses of treatment from its sanitary sewer collection system, to Double Lick Creek and/or Hidden Valley Lake, which are waters of the state. The Respondent’s reported overflows from the wastewater collection system are prohibited and do not meet the exceptions set forth in Part II.A.7 of the Permit or the exclusions listed in 327 IAC 5-2-4. Therefore, the Respondent remains in violation of Part II. A.7 of the Permit and 327 IAC 2-1.5-8.

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 action required to correct the violations and 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 sixty (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 Aletha Lenahan at (317) 232-8407, within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.


For the Commissioner:



Date: April 3, 2007 Signed by: Lori Kyle Endris
Lori Kyle Endris
Chief
Office of Enforcement

29 comments:

Anonymous said...

This was on Jerry, Sammy, Bittner, Sypniewski, Armbrect and Hensley VRUC reign.

Terrible job!

Anonymous said...

14. The Respondent reported twenty-eight (28) separate overflows and/or bypasses of treatment from its sanitary sewer collection system, to Double Lick Creek and/or Hidden Valley


The VRUC could dam up Double Lick Creek with stacks and stacks of their legal briefs and just make the the Creek a collection slough for their "putrescent or otherwise objectionable deposits" of raw sewage!!!

Anonymous said...

So, where Sammy is involved, pastures are not the only place to smell something akin to "bullshit," but nearby creeks, may have the same aroma!!!

Anonymous said...

Just curious, has anyone seen VRUC response that was required in sixty days and has there been an agreed order to settle? Also, how many days since the clock started on the $25,000 per day? $$$$$$$$$$$

Anonymous said...

If the selfish residents of HVL would just buy Sammy and her friends a sewer treatment plant and allow them to use 95% of the capacity to develop land outside of HVL, they would be able, at some future time, to fix all of HVL's sewer infrastructure problems.

But the residents of HVL are just so damned selfish!!!

Anonymous said...

It looks like Stan and Maria are at it again. Publishing only half of the story.

Anonymous said...

It looks like Stan and Maria are at it again. Publishing only half of the story.

Or so says the spokesperson for the "half-assed!"

Greendale is offering the Board the "Deal of the Century," and you fools are still trying to work some deal or buyout from the non-entity, DCRSD!

And the DCRSD has said time and time again, they cannot even come close to the deal offered by Greendale!

Just what are you "Old Guard Scoundrels" scheming?

We can all be assured, it profits at least one local realtor/developer at the expense of all the residents of HVL!

Anonymous said...

This is directed toward the idiot who posted the very first comment. Please give all the facts next time. I will address just one of the questionable comments and that is: who was on the Board in 2204. You've included the people that you want to blame for all your troubles and excluded maybe the ones you didn't want to shine your little spotlighton. There were also four other Board members not mentioned during those years, they are: Craig Lysne, Homer Hodge, Jim Ulrick and Jerry Willing. Check the records before you give half ass information next time.

Anonymous said...

" Anonymous said...
It looks like Stan and Maria are at it again. Publishing only half of the story.

Or so says the spokesperson for the "half-assed!"

Greendale is offering the Board the "Deal of the Century," and you fools are still trying to work some deal or buyout from the non-entity, DCRSD!

And the DCRSD has said time and time again, they cannot even come close to the deal offered by Greendale!

Just what are you "Old Guard Scoundrels" scheming?

We can all be assured, it profits at least one local realtor/developer at the expense of all the residents of HVL!
11:39 AM, August 08, 2007"

Since I seem to be the designated speaker for the "half-assed!", would the esteem speaker for the "full-assed" please post the Greendale contract so that we can see what is so good about it.

Anonymous said...

"""Check the records before you give half ass information next time."""

Thanks for the additional L. Parvin Price Puppets.
It was a "Half fast job for a Half fast group".

Anonymous said...

"...what is so good about it."


Until someone is able to post the contract, tell us why the DCRSD Members, who at least hold themselves out as having knowledge of the contract's particulars, are saying such things as:

Dennerline: $2.18 is a fantastic rate. DCRSD would be 5 or 6 times that and no water.

Fehrman: $2.18 is a great rate, what is the heart burn?



Tell us again why you think the DCRSD is going to somehow save your "CASH-COW"?

One is left to believe the contract will not permit some realtors or developers to use the residents of HVL as coerced silent partners to subsidize and finance their pet projects...

...that is what probably is not so great about the contract for a few of our local crooks!

Anonymous said...

" Anonymous said...

One is left to believe the contract will not permit some realtors or developers to use the residents of HVL as coerced silent partners to subsidize and finance their pet projects..."
4:47 PM, August 08, 2007

Perhaps "One is left to believe" VRUC is protecting HVL residents from being screwed by the money hungry politicians and lawyers of Greendale.

Anonymous said...

Who has offered a better deal than Greendale, you were holding out for DCRSD and they have pretty much removed themselves from consideration?

Or are you just going to keep up with the double-talk, doing your best to queer a good deal for the residents until all that is left is your non-deal for the folks of HVL?

Remember you should be looking out for the residents' best interests, not your own!

Anonymous said...

HVL is not going to build you a treatment plant to service your developments, nor are they going sit back any longer and watch you squander their money for your pipe dreams!

Offer up a real alternative to Greendale's offer or just shut up and sign the contract!

Anonymous said...

"Perhaps "One is left to believe" VRUC is protecting HVL residents from being screwed by the money hungry politicians and lawyers of Greendale."

While you hold out for the DCRSD who has already said that they could not offer the same deal at less than 6 to 7 times Greendale's rate and that does not include water!

I think it is Greendale who is trying to save us from money hungry politicians, theives and L. Parvin Prices!

Anonymous said...

" Anonymous said...
Offer up a real alternative to Greendale's offer or just shut up and sign the contract!"
5:34 PM, August 08, 2007

DONE

Anonymous said...

What is your alternative to Greendale?

Simple question.

Anonymous said...

Don't expect anything but convoluted double talk and lies from Sammy and Company!

That is all that they know how to do as our sewer system crumbles and overflows and L. Parvin Price buys nice gifts for his wife and girlfriends with our money!

Anonymous said...

Sammy's days of influence peddling are coming to an end!

Anonymous said...

What is your alternative to Greendale?

Number one is to sue the residents of HVL for insisting that the VRUC sign this deal and not using the residents' money to subsidize projects such as "Red Pines!"

Anonymous said...

The anonymous that listed the names of the 4 others that were members of the VRUC board between Jan., 2004 and March, 2007 forget about the 2 idiots that were elected in May, 2006. I'm sure Jack Arduin and Stan Beeler wouldn't want their names omitted. So far they have done nothing for the board except write derogatory letters to newspapers and place anti-VRUC letters on vehicle windshields and websites. I wouldn't be surprised if Jack is responsible for placing the letter about this violation on the blog.

Anonymous said...

Looks like the "Old Guard" criminal class are feeling a bit exposed.

Anonymous said...

Yep exposed!

Greendale won't cover their deeds!

And their DCRSD homeboys won't bail them out!

Scary times!

Anonymous said...

" The anonymous that listed the names of the 4 others that were members of the VRUC board between Jan., 2004 and March, 2007 forget about the 2 idiots that were elected in May, 2006. I'm sure Jack Arduin and Stan Beeler wouldn't want their names omitted. So far they have done nothing for the board except write derogatory letters to newspapers and place anti-VRUC letters on vehicle windshields and websites. I wouldn't be surprised if Jack is responsible for placing the letter about this violation on the blog."
7:09 PM, August 08, 2007

And I wouldn't be surprised that Jack, Stan and Maria post 90% of these messages. I think they learned how to cut and paste. And lets not forget the last idiot they got elected who after living in the valley for 12 years didn't even know there was a "lakes committee."

Anonymous said...

Wrong again!

Anonymous said...

The crooked realtor/developers across the County are pissing themselves!

The taxpayers have awoken!

cc said...

the violation letter is from IDEM- so that's PUBLIC RECORD. Making it easy for the public to read is a SERVICE.
And in this case part of CIVIC DUTY

Anonymous said...

the violation letter is from IDEM- so that's PUBLIC RECORD. Making it easy for the public to read is a SERVICE.
And in this case part of CIVIC DUTY


While the saying is over-used, it still certainly applies to the workings of Dearborn County Government and the VRUC:

SUNLIGHT IS THE BEST DISINFECTANT!!!

Anonymous said...

The corrupt always complain about public disclosure of their deeds.

Which is why the VRUC hate Larosa and Beeler and why those in Dearborn County government despise Mueller and Thompson!