STATE OF
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BEFORE THE INDIANA DEPARTMENT
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OF ENVIRONMENTAL
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COMMISSIONER
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OF ENVIRONMENTAL
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Complainant, |
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v. |
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Case No. 2005-14825-A |
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Respondent |
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AGREED
ORDER
The Complainant and the Respondent desire to settle
and compromise this action without hearing or adjudication of any issue of fact
or law, and consent to the entry of the following Findings of Fact and Order.
I. FINDINGS OF FACT
1.
Complainant is the Commissioner (“Complainant”) of the
Indiana Department of Environmental Management, a department of the State of
2.
Respondent is Speedway SuperAmerica LLC
("Respondent"), which owns and/or operates the gasoline dispensing
facility referred to as store #1323 located at
3.
The Indiana Department of Environmental Management (“IDEM”)
has jurisdiction over the parties and the subject matter of this action.
4.
Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation
via Certified Mail to:
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CT Corporation System, Registered Agent |
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5.
An inspection on May 12, 2004, was conducted at the Site by
a representative of IDEM’s Office Air Quality (OAQ). The following violations were in existence or
observed at the time of this inspection:
a.
Pursuant to 326 IAC 8-4-6(b)(3), no owner or operator of a
gasoline dispensing facility shall allow the transfer of gasoline between any
transport and any storage tank unless such tank is equipped with a vapor
balance system connected between the tank and the transport, operating
according to manufacturer’s specifications.
The Respondent allowed gasoline vapor to emanate from the gasoline dispensing
facility’s vapor balance system number 2 vent cap during loading operations at
this facility by a Marathon Ashland transport, a violation of 326 IAC
8-4-6(b)(3).
6.
The Respondent replaced the vent cap on May 12, 2004.
7.
In recognition of the settlement reached, Respondent waives
any right to administrative and judicial review of this Agreed Order.
II. ORDER
1.
This Agreed Order shall be effective ("Effective
Date") when it is approved by the Complainant or his delegate, and has
been received by the Respondent. This
Agreed Order shall have no force or effect until the Effective Date.
2.
Respondent shall comply with 326 IAC 8-4-6.
3.
Respondent is assessed a civil penalty of Two Thousand Two
Hundred Dollars ($2,200). Said penalty
amount shall be due and payable to the Environmental Management Special Fund
within thirty (30) days of the Effective Date of this Agreed Order.
4.
Civil penalties are payable by check to the Environmental
Management Special Fund. Checks shall
include the Case Number of this action and shall be mailed to:
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Cashier’s Office – Mail Code 50-10C |
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IDEM |
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In
the event that the civil penalty required by Order paragraph 3 is not paid
within thirty (30) days of the Effective Date of this Agreed Order, Respondent
shall pay interest on the unpaid balance at the rate established by IC
24-4.6-1-101. The interest shall continue
to accrue until the civil penalty is paid in full.
This
Agreed Order shall apply to and be binding upon the Respondent, its successors
and assigns. The Respondent's signatories to this Agreed Order certify that
they are fully authorized to execute this document and legally bind the parties
they represent. No change in ownership,
corporate, or partnership status of the Respondent shall in any way alter its
status or responsibilities under this Agreed Order.
In
the event that any terms of the Agreed Order are found to be invalid, the
remaining terms shall remain in full force and effect and shall be construed
and enforced as if the Agreed Order did not contain the invalid terms.
The
Respondent shall provide a copy of this Agreed Order, if in force, to any
subsequent owners or successors before ownership rights are transferred. Respondent shall ensure that all
contractors, firms and other persons performing work under this Agreed Order
comply with the terms of this Agreed Order.
This
Agreed Order shall remain in effect until Respondent has complied with all
terms and conditions of this Agreed Order.
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TECHNICAL RECOMMENDATION: |
RESPONDENT |
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Department of Environmental Management |
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By: |
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David P. McIver |
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Chief, Air Section |
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Office of Enforcement |
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Title: |
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Date: |
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COUNSEL FOR COMPLAINANT: |
COUNSEL FOR RESPONDENT: |
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Department of Environmental Management |
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By: |
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Office of Legal Counsel |
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Date: |
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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL |
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MANAGEMENT
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DAY OF |
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For the Commissioner: |
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Signed 3/20/06 |
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Matthew T. Klein |
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Assistant Commissioner for |
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Compliance & Enforcement |
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