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Reports of water treatment violations float to the surface 

Kokomo Tribune - 8/17

With the 30th anniversary of the Clean Water Act coming in a little more than a month, sewage treatment facilities across the state and nation are still having trouble meeting their goal of eliminating the discharge of pollution into waterways.

That includes several local municipal treatment facilities in Kokomo, Peru, Logansport and Elwood.

Indiana has the fourth-highest number of major municipal and industrial treatment plants in the nation, 89, in significant noncompliance with the act. It's sixth in the percent of facilities in non-compliance, 48.6 percent.

Heather Swinney, campaign director of the Indiana Public Interest Research Group, said the continuing pollution of waterways shows the Environmental Protection Agency and Indiana Department of Environmental Management need to step up enforcement.

"We hoped that permits would be tightened over time, and there would be no more discharges at this point," Swinney said. "The EPA lacks the resources to enforce the laws ... and when fines are issued, they are so small [the violators] will pay because it's more cost-effective for them than fixing the problem."

Kokomo's plant has one violation against it for a non-monthly effluent violation in one quarter, for discharging too much of a chemical into the Wildcat Creek.

Peru's sewer treatment plant was cited for polluting too much in one month, as was Logansport's treatment plant.

Power plants in Peru and Logansport also were cited for not turning in their monthly discharge reports.

"Basically, we have no idea what they discharged, and it was probably something bad," Swinney said.

At the same time, the Kokomo treatment plant is in the middle of a massive upgrade to reduce the amount of pollutants going into the Wildcat Creek.

Peru's plant, which has been overtaxed for years, recently received permission to start millions of dollars of improvements.

"Because we have a combined sewer system, there are times we generate more wastewater than we can process at the plant," said Roger Merriman, general manager of Peru Utilities.

Merriman said the plant also is near its maximum rating of treating 4 million gallons a day.

Most violations are subject to a $25,000-a-day fine, though Tom Neltner, a legal advisor to the Sierra Club, said the state rarely takes action, and if it does, the maximum fine is rarely enforced.

He believes the state can be more efficient in going after violators of the Clean Water Act, though he said IDEM is understaffed.

"A lot is bad management," Neltner said. "They aren't willing to pursue enforcement until it's become too bad."

A proposal by the Bush administration to eliminate the jobs of 200 EPA personnel who monitor compliance with the Clean Water Act, 13 percent of the monitoring staff, will make the problem worse, Swinney said.

"We need to make sure the EPA has the people to enforce the act," Swinney said. "We're risking our health and the well-being of our communities."

In trouble:

The following local facilities had significant violations of their Clean Water Act permits in the five quarters between Jan. 1, 2000, and March 31, 2001:

Kokomo Municipal STP - 1 non-monthly effluent violation

Peru Municipal STP - 1 monthly effluent violation

Peru Power Plant - 1 violation for not sending monthly discharge report

Logansport Municipal STP - 2 monthly effluent violations

Logansport City Electric Co. - 1 violation for not sending monthly discharge report

Elwood Municipal STP - 1 violation for not sending monthly discharge report

Source: Indiana Public Interest Research Group

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