VIA CERTIFIED MAIL #_____________________
The first of these inspections was conducted on July 8, 1996, at the Phillips 66 station No.
172, located at 1691 East 15th Avenue in Gary, Indiana. At the time of this inspection the
inspector noted that this facility was not equipped with a certified vapor collection and control
system, a violation of 326 IAC 8-4-6(e). In addition, the inspector noted that the drop tube
attached the premium gasoline storage tank was missing the required fill cap, and the fill cap on
the mid-grade drop tube was missing the required gasket, violations of 326 IAC 8-4-6(e).
Finally, two of the the vent pipes at this facility were missing the required pressure/vacuum relief
valves, a violation of 326 IAC 8-4-6(b)(2).
On August 6, 1996, a representative of IDEM conducted an inspection of the Marathon
station No. 79, located at 1601 West Ridge Road in Gary, Indiana. At the time of this inspection,
the inspector noted that this facility was not equipped with a certified vapor collection and
control system, a violation of 326 IAC 8-4-6(e).
On August 26, 1996, a representative of IDEM conducted an inspection of E-Z Go station
No. 108, located at 1326 North Main Street, in Crown Point, Indiana. At the time of this
inspection, the inspector noted that this facility was not equipped with a certified vapor
collection and control system, a violation of 326 IAC 8-4-6(e).
In accordance with IC 13-30-3-3, the Commissioner is required to notify you in writing
that the Commissioner believes a violation exists and offer you an opportunity to enter into an
Agreed Order providing for the actions 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 sixty (60)
days.
If settlement is not reached within sixty (60) days of your receipt of this Notice, the
Commissioner may issue an Order pursuant to IC 13-30-3-4 containing the actions you must take
to achieve compliance, the required time frames, and an appropriate civil penalty. Pursuant to IC
13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day of any violation.
The timely entry into an Agreed Order will prevent the necessity of an Order of the
Commissioner being issued under IC 13-30-3-4, or the filing of a civil court action under IC 13-
14-10 or IC 13-14-2-6. The advantages of entering into an Agreed Order are:
1. You may not be required to admit that any violation occurred.
2. The civil penalty may be less than that imposed under an Order of the
Commissioner.
Please contact Matthew Stuckey, Enforcement Case Manager, at 317/233-1134 within
fifteen (15) days after receipt of this Notice regarding your intent to settle this matter. If you are
willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return
it to the Office of Enforcement at the above address within the sixty (60) day settlement period.
For the Commissioner:
Date: ____________________ Signed 3/9/98
David J. Hensel
Director
Office of Enforcement
Converted by Andrew Scriven