IDEM

Matthew T. Klein, Esq.Assistant Commissioner of Compliance and

Enforcement

(317) 233-3978 mklein@idem.in.gov

Compliance & Enforcement

Update

Commissioner Easterly -

“Compliance first,

Enforcement second…”

Commissioner Easterly -

“IDEM must be more predictable -

No “Gotcha” enforcement…”

4 Stages of Compliance & Enforcement

Pre-Compliance

Compliance

Enforcement

Post-Enforcement

Pre-Compliance

In Your Hands

Compliance & Technical Assistance Program (CTAP)

Wastewater On-Site Technical Assistance Program (OATS)

Audit & Self-Disclose

Compliance & Technical Assistance Program

(CTAP) Confidential Compliance Assistance

I.C. 13-18-3-4 www.in.gov/idem/ctap/guidance.pdf Assistance with Self-Disclosures Small regulated entity = < 2,500 Population (317) 232-8172 / (800) 988-7901

Wastewater On-Site Technical Assistance

Program (OATS) www.in.gov/idem/water/compbr/inspections/

index.html

On-site, hands-on WWTP assistance

Phil Preston • (317) 232-8728 • ppreston@idem.in.gov

IDEMs Environmental Audit & Self-Disclosure

Policy

Greater emphasis on this policy

www.in.gov/idem/enforcement/eo/policy/ nrp/self.html

Waive 100% of the gravity-based penalty

Compliance

Not in your hands

Generally, Municipal WWTPs inspected each year

Municipal Garages

Municipal drinking water systems

Compliance

Communicate with your inspector

Discuss potential violations and corrective measures

Address/Correct – Potential/Actual violations immediately

Compliance Initiatives:

Industrial Stormwater (Rule 6)

LUST (WHPAs/KARST)

Delinquent Fee Payments

Wetlands (TBA)

Good Press

Industrial Stormwater

Notice of Intent?

Fees?

Annual Report?

Sampling?

LUST

Wellhead Protection Area

KARST Terrain

Lack of Commitment to Remediation

Delinquent Fee Payments

Air = ?

Waste = ?

Water = ~ $70,000

Violation Letter

WWTP Compliance

200 Majors / 1600 Minors

>1.0 MGD / <1.0 MGD

Inspection rate - 70%/Year / 30%/Year

Does not include semi-publics or state facilities

WWTP Compliance Issues

Collection Systems Monitoring (I/I Problems)

Solids handling (ammonia issues)

Operator competency

Compliance Initiative - LTCPs

September 30, 2007 – 65% CSOs with LTCPs

September 30, 2008 – 75% CSOs with LTCPs

EPA Lead – Evansville, Jeffersonville, Indianapolis, Ft. Wayne, Gary, Hammond, Mishawaka, South Bend, Elkhart and Anderson

Get in line – Permit or Agreed Order (20 year limit)

Enforcement 2 Types:

Violation Letter (informal)

Notice of Violation (formal)

Effort to eliminate older cases

New cases resolved within 1 year

Enforcement Main difference is civil penalties

Civil Penalty Policy

http://www.in.gov/idem/enforcement/oe/ policy/nrp/civil.html

Enforcement Initiatives:

Auto Salvage

Delinquent Penalty Payments

> 2 Year-old Cases

New Cases = 1 Year

Audit & Self-Disclose

SEP Policy Enhancements

Bad Press

Delinquent Penalties

Air =

Water =

Waste =

Small Penalties

Bankruptcy

Enforcement Greater emphasis on adjustment factors

History of Non-Compliance (+100%)

Activity before/after the violation (+/- 50%)

Rapid corrective measures might lower your civil penalty

Auto Salvage

True Compliance/Enforcement Initiative

Unique Customer

Stipulated Penalties

Site Assessments

Fast Adoption of Agreed Orders

Time Will Tell…

Post - Enforcement

Civil Penalties may be reduced through the Supplemental Environmental Project (SEP) Policy

www.in.gov/idem/enforcement/oe/ policy/nrp/supplemental.html

Post - Enforcement

Offset up to 80% of the gravity-based portion of the civil penalty

Offsets can be as good as 2:1

6 types of SEPs

Post - Enforcement Pollution Prevention

Pollution Control

Public Awareness

Environmental Restoration

Environmental Audits

Environmental Training

Summary

Audit/Work with CTAP/OATS

Fix violations immediately

Be aware of 3 policies

Think SEPs