EPA v. INDIANA AMERICAN WATER COMPANY, OGDEN DUNES - APO/CAFO

Case summary

EPA inspected IN-AWC?s Ogden Dunes Water Treatment Plant at 84 Diana Road, Portage, Indiana facility (the Facility) on December 6 and 7, 2021 (the Inspection). During the Inspection, EPA reviewed several documents associated with the Risk Management Plan (RMP) developed by IN-AWC pursuant to the CAPP. EPA noted deficiencies in IN-AWC?s RMP in the following categories: process safety information, process hazard analysis, operating procedures, training, mechanical integrity, compliance audit, employee participation, and emergency response. A Finding of Violation was issued to IN-AWC on March 31, 2022 (March 2022 FOV), regarding the deficiencies noted during the Inspection. An administrative consent order (ACO) addresses the violations set forth in the March 2022 FOV. In addition to assuring compliance with the CAPP, this ACO requires IN-AWC to convert the disinfection process at the facility from a chlorine gas disinfection process to a hypochlorite disinfection process. Since hypochlorite is not a regulated substance under the CAPP, the Facility will no longer need to comply with the CAPP after it eliminates chlorine at the Facility. This CAFO requires IN-AWC to pay a penalty of $146,474 and resolves the March 2022 FOV issued to IN-AWC.

Defendants (1)

• INDIANA AMERICAN WATER COMPANY, OGDEN DUNESNamed in complaintNamed in settlement

Facilities (1)

• OGDEN DUNES WATER COMMUNITY WIDE

  115 HILLCREST RD, PORTAGE, IN, 46368

  Registry ID: 110063584269

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• INDIANA AMERICAN WATER COMPANY, OGDEN DUNES - RMP APO/CAFOentered 2023-08-16

  Primary law: CAA

  Federal penalty: $146,474

Timeline (5 milestones)

• 2023-08-16Complaint Filed/Proposed Order
• 2023-08-16Final Order Issued
• 2023-08-18Enforcement Action Data Entered
• 2023-08-29Enforcement Action Closed
• 2023-08-29Air Resolved