Buckeye Pipe Line Company, LP,



Case No. 2018-25654-W




Complainant and 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. Pursuant to Indiana Code (IC) 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein. Respondent's entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding, except a proceeding to enforce this order.




1.             Complainant is the Commissioner (Complainant) of the Indiana Department of Environmental Management (IDEM), a department of the State of Indiana created by IC 13-13-1-1.


2.             Buckeye Pipe Line Company, LP (Respondent), operates an 8-inch diameter pipeline that connects its Huntington, Indiana terminal to its Lima, Ohio terminal.  A portion of the pipeline, identified as Line 402, crosses the Saint Mary’s River with coordinates 40.8400240 latitude and -84.9280090 longitude near the City of Decatur, Indiana in Adams County (the Site).


3.             IDEM has jurisdiction over the parties and the subject matter of this action pursuant to IC 13-30-3.


4.             On September 7, 2018, Buckeye Pipe Line Company, LP reported to the National Response Center (NRC#1223952), the release of 7,560 gallons of jet fuel from their pipeline identified as Line 402 located at Latitude: 40.8400240, Longitude: -84.9280090, near Decatur in Adams County.  The release occurred within the stream bed of the Saint Mary’s River while crews from Buckeye Pipe Line Company, LP were working on an adjacent pipeline.  On September 8, 2018, Buckeye Pipeline Company, Inc. revised the amount of the release to 8,190 gallons.


5.             Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (NOV) via Certified Mail/personal service to:


Katherine Zeth, Director

Health, Safety, Security, and Environment

Buckeye Pipe Line Company, LP

5 Tek Park

9999 Hamilton Blvd.

Breiningsville, PA  18031


6.             During an investigation conducted by a representative of IDEM, violations were found, as described below.


7.             Pursuant to 327 IAC 5-2-2, any discharge of pollutants into waters of the State as a point source discharge, is prohibited unless in conformity with a valid National Pollutant Discharge Elimination System (NPDES) permit obtained prior to the discharge.

Respondent had an unpermitted discharge of an estimated 8,190 gallons of jet fuel, into the Saint Mary’s River, in violation of 327 IAC 5-2-2.


8.               Pursuant to 327 IAC 2-1-6, all surface waters at all times and at all places, including waters within the mixing zone, shall meet the minimum conditions of being free from substances, materials, floating debris, oil, or scum attributable to municipal, industrial, agricultural, and other land use practices, or other discharges that do any of the following:

(A)        Will settle to form putrescent or otherwise objectionable deposits.

(B)        Are in amounts sufficient to be unsightly or deleterious.

(C)        Produce: (i) color; (ii) visible oil sheen; (iii) odor; or (iv) other conditions; in such degree as to create a nuisance.

(D)        Are in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such degree as to: (i) create a nuisance; (ii) be unsightly; or (iii) otherwise impair the designated uses.

(E)        Are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill, aquatic life, other animals, plants, or humans.


Pursuant to IC 13-18-4-5, a person may not throw, run, drain, or otherwise dispose into any of the streams or waters of Indiana or cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters, any organic or inorganic matter that causes or contributes to a polluted condition of any waters.


Pursuant to IC 13-30-2-1, a person may not discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste, including any noxious odor either alone or in combination with contaminants from other sources, into the environment in any form that causes or would cause pollution that violates or would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws.

A visible sheen was observed on the surface of the Saint Mary’s River near the incident scene and a light sheen was observed up to 12 miles downriver. Odors from the spilled jet fuel resulted in the closing of nearby businesses due to the strong odors.  The City of Decatur shut down its well intake located 300 feet from the incident location. The release of jet fuel into the Saint Mary’s River, is in violation of 327 IAC 2-1-6, IC 13-18-4-5, and IC 13-30-2-1.


9.             In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.




1.             This Agreed Order shall be effective (Effective Date) when it is adopted by Complainant or Complainant’s delegate (as evidenced by signature), and the adopted Agreed Order has been received by Respondent. This Agreed Order shall have no force or effect until the Effective Date. In addition to addressing the violations cited in Paragraphs 7 and 8 of the Findings of Fact above, this Agreed Order also addresses any additional violations of these same rules that may have occurred subsequent to the issuance of the NOV and prior to the Effective Date.


2.             Respondent shall comply with rules and statutes listed in the findings above at issue.


3.             All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:


Patrick Colcord, Enforcement Case Manager

Office of Water Quality – IGCN 1255

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251


4.             Respondent is liable to IDEM for the reasonable costs of any response or remedial action taken, under authority of IC 13-24-1-4. IDEM has determined this amount to be Nine Thousand Seventy Two Dollars ($9,072). Said amount shall be due and payable to the Hazardous Substances Response Trust Fund within 30 days of the Effective Date; the 30th day being a “Due Date.”


5.             Respondent is assessed and agrees to pay a civil penalty of Twenty Two Thousand Five Hundred Dollars ($22, 500). Said penalty amount shall be due and payable to the “Environmental Management Special Fund” within 30 days of the Effective Date, the 30th day being a “Due Date.”


6.             Civil penalty is payable by check to the “Environmental Management Special Fund.” Checks shall include the Case Number 2018-25654-W of this action and shall be mailed to:


Indiana Department of Environmental Management

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204


7.             This Agreed Order shall apply to and be binding upon Respondent, its successors and assigns. Respondent’s signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent. No change in ownership, corporate, or partnership status of Respondent shall in any way alter its status or responsibilities under this Agreed Order.


8.             In the event that the monies due to IDEM pursuant to this Agreed Order are not paid on or before their Due Date, Respondent shall pay interest on the unpaid balance and any accrued interest at the rate established by IC 24-4.6-1. The interest shall be computed as having accrued from the Due Date until the date that Respondent pays any unpaid balance. The interest shall continue to accrue on the first of each month until the civil penalty and any interest accrued are paid in full. Such interest shall be payable to the “Environmental Management Special Fund,” and shall be payable to IDEM in the manner specified above.


9.             In the event that any terms of this 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 this Agreed Order did not contain the invalid terms.


10.         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.


11.         This Agreed Order is not and shall not be interpreted to be a permit or a modification of an existing permit. This Agreed Order, and IDEM’s review or approval of any submittal made by Respondent pursuant to this Agreed Order, shall not in any way relieve Respondent of its obligation to comply with the requirements of its applicable permits or any applicable Federal or State law or regulation.


12.         Complainant does not, by his approval of this Agreed Order, warrant or aver in any manner that Respondent’s compliance with any aspect of this Agreed Order will result in compliance with the provisions of any permit, order, or any applicable Federal or State law or regulation. Additionally, IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of Respondent’s efforts to comply with this Agreed Order.


13.         Nothing in this Agreed Order shall prevent or limit IDEM’s rights to obtain penalties or injunctive relief under any applicable Federal or State law or regulation, except that IDEM may not, and hereby waives its right to, seek additional civil penalties for the same violations specified in the Notice of Violation.


14.         Nothing in this Agreed Order shall prevent IDEM (or anyone acting on its behalf) from communicating with the United States Environmental Protection Agency (US EPA) or any other agency or entity about any matters relating to this enforcement action. IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of such communications with the US EPA or any other agency or entity.


15.         This Agreed Order shall remain in effect until Respondent has complied with the terms and conditions of this Agreed Order and IDEM issues a Resolution of Case (close out) letter to Respondent.






Department of Environmental Management

Buckeye Pipe Line Company, LP




Samantha K. Groce, Chief


Water Enforcement Section


Surface Water, Operations &


Enforcement Branch


Office of Water Quality



















MANAGEMENT THIS ___________ DAY OF ________________, 20___.



For The Commissioner:



Signed on September 30, 2019


Martha Clark Mettler


Assistant Commissioner


Office of Water Quality