Link to original WordPerfect Document here


STATE OF INDIANA    )        BEFORE THE INDIANA DEPARTMENT
                )    SS:    OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION    )

COMMISSIONER OF THE DEPARTMENT    )
OF ENVIRONMENTAL MANAGEMENT,    )
                            )
        Complainant,                )    CAUSE NO. A-3200
                            )    CAUSE NO. A-3266
            v.                )    CAUSE NO. A-3434
                            )    CAUSE NO. A-3435
AMOCO OIL COMPANY,                )    CAUSE NO. A-3440
                            )
        Respondent.                )

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 (hereinafter referred to as "Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.

    2.    Respondent is Amoco Oil Company (hereinafter referred to as "Respondent"), who owns and operates Amoco gasoline station Nos. 424, 19754, 3770, 2327 and 6258 located in Merrillville, Gary, Schererville, Crown Point and Munster, Indiana, respectively.

    3.    The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.

    4.    On September 12, 1997, pursuant to IC 13-30-3-3, Complainant issued a Notice of Violation via Certified Mail to:

            Amoco Oil Company            Laura Perkins
            c/o Prentice Hall Corporation    Maintenance Analyst
            Registered Agent            Amoco Oil Company
            251 East Ohio Street, Suite 500    2021 Spring Road, Suite 400
            Indianapolis, IN 46204        Oak Brook, IL 60521

    5.    Rule 326 IAC 8-4-6(e)(2) provides that any vapor collection and control system utilized shall be maintained in accordance to its certified configuration and with the manufacturer's specification and maintenance schedule.

    6.    Rule 326 IAC 8-4-6(e)(4) provides that a vapor collection and control system shall not be operated with defective, malfunctioning, missing, or noncertified components.

    7.    Rule 326 IAC 8-4-6(e)(4)(C) requires that a signed daily log of the daily inspections of all parts of the system which can be visually inspected shall be maintained at the facility.

    8.    Rule 326 IAC 8-4-6(i)(2) requires that any gasoline dispensing facility required to have installed and utilize a certified vapor collection and control system shall retain records and reports to demonstrate that proper maintenance has been conducted in accordance with the manufacturer's specifications and requirements.

    9.    Rule 326 IAC 8-4-6(i)(3) requires that any gasoline dispensing facility required to have installed and utilize a certified vapor collection and control system shall retain records and reports to demonstrate the time period and duration of all malfunctions of the vapor collection and control system.

    10.    Rule 326 IAC 8-4-6(i)(4) requires that any gasoline dispensing facility required to have installed and utilize a certified vapor collection and control system shall retain records and reports to demonstrate the motor vehicle fuel throughput of the facility for each calendar month of the previous year.

    11.    Rule 326 IAC 8-4-6(i)(5) requires that any gasoline dispensing facility required to have installed and utilize a certified vapor collection and control system shall retain records and reports to demonstrate that operators and employees are trained and instructed in the proper operation and maintenance of the vapor collection and control system.

    12.    On April 25, 1995, a representative of IDEM conducted an inspection of Amoco

station No. 424, located at 8103 Taft Road, in Merrillville, Indiana. At the time of the inspection, the inspector noted that the daily inspection log was not available for inspection, a violation of 326 IAC 8-4-6(e)(4)(C). In addition, the malfunction, maintenance, and gasoline throughput logs, as well as a training certificate, or other proof of training, were not available for inspection, violations of 326 IAC 8-4-6(i)(2-5). The inspector also observed liquid leaks from the mid- grade nozzle on pump Nos. 1 and 2, a violation of 326 IAC 8-4-6(e)(2). Finally, the inspector notified the station manager that the aforementioned nozzles were malfunctioning, however the malfunctioning equipment was allowed to remain in use, a violation of 326 IAC 8-4-6(e)(4).

    13.    On May 10, 1995, a representative of IDEM conducted an inspection of Amoco station No. 19754, located at 2567 Burr Street, in Gary, Indiana. At the time of the inspection, a training certificate, or other proof of training, was not available for inspection, a violation of 326 IAC 8-4-6(i)(5). The inspector also observed liquid leaks from the nozzle on pump Nos. 1, 2, 3 and 6, a violation of 326 IAC 8- 4-6(e)(2). The inspector notified the station manager that the aforementioned nozzles were malfunctioning, however the malfunctioning equipment remained in use, a violation of 326 IAC 8-4-6(e)(4). Finally, the inspector noted that this facility did not have the required fill caps on the regular, mid-grade, or premium drop tubes, a violation of 326 IAC 8-4-6(e)(2).

    14.    On July 7, 1995, a representative of IDEM conducted an inspection of Amoco station No. 3770, located at 1715 U. S. 41 and Route 30, in Schererville, Indiana. At the time of the inspection, the inspector noted that only two (2) of the thirty- nine (39) nozzles at this facility had the required Efficiency Compliance Device (ECD) pursuant to California Air Resources Board (CARB) Executive Order G- 70-118-AB, a violation of 326 IAC 8-4-6(e)(2). In addition, the inspector noted that this facility did not have the required fill caps on the regular, mid-grade, or premium drop tubes, a violation of 326 IAC 8-4-6(e)(2). Finally, the inspector observed a liquid leak on the premium nozzle at pump No. 14, a violation of 326 IAC 8-4-6(e)(2).


    15.    On August 1, 1995, a representative of IDEM conducted an inspection of Amoco station No. 2327, located at 5601 West Lincoln Highway, in Crown Point, Indiana. At the time of the inspection, the inspector noted that only one (1) of the twenty-two (22) nozzles at this facility had the required ECD pursuant to CARB Executive Order G-70-118-AB, a violation of 326 IAC 8-4-6(e)(2). Also, the inspector observed liquid leaks from the regular nozzle on pump No. 2, and the mid-grade nozzles on pumps Nos. 6 and 8, a violation of 326 IAC 8-4-6(e)(2). In addition, the inspector noted that the vapor cap on the regular unleaded tank was not securely latched, and the vapor cap on the premium unleaded tank was missing the required gasket, a violation of 326 IAC 8-4-6(e)(2). Finally, the inspector noted that no training certificate, or other proof of training, was available for inspection, a violation of 326 IAC 8-4-6(i)(5).

    16.    On August 1, 1995, a representative of IDEM conducted an inspection of Amoco station No. 6258, located at 747 Ridge Road, in Munster, Indiana. At the time of the inspection, the inspector noted that only three (3) nozzles at this facility had the required ECD pursuant to CARB Executive Order G-70-118-AB, a violation of 326 IAC 8-4-6(e)(2). In addition, the inspector noted that this facility did not have the required fill caps on the regular, mid-grade, or premium drop tubes, a violation of 326 IAC 8-4-6(e)(2). Finally, the inspector noted that the daily inspection log was not being maintained, a violation of 326 IAC 8-4-6(e)(4)(C).

    17.    Respondent hereby consents to the provisions of these Findings and Order and agrees to be bound by the terms and conditions contained herein. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.

          Respondent neither admits nor denies the allegations herein, however Respondent enters into this Agreed Order in order to avoid costly litigation and to settle the outstanding Notice of Violation referenced in paragraph 4 above.


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, within thirty (30) days of the Effective date of this Order, submit documentation, to IDEM, which specifies what actions were taken to correct the aforementioned violations and when these actions were completed.

    3.    All submittals required by this Agreed Order, unless notified otherwise in writing,

shall be sent to:

            Matthew Stuckey, Enforcement Case Manager
            Office of Enforcement
            Indiana Department of Environmental Management
            100 N. Senate Avenue
            P. O. Box 6015
            Indianapolis, IN 46206-6015

    4.    Respondent is assessed a civil penalty of Three Thousand Dollars ($3000). 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.

    5.    Civil penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number of this action and shall be mailed to:

            Cashier
            IDEM
            100 N. Senate Avenue
            P. O. Box 7060
            Indianapolis, IN 46206-7060

    6.    In the event that the civil penalty required by paragraph 4 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.

    7.    This Agreed Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, 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.

    8.    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.

    9.    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.

    10.    This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION:        AMOCO OIL COMPANY:
Department of Environmental Management

By:     _________________________        By: _________________________
    David P. McIver
    Acting Air Section Chief            
    Office of Enforcement            Printed: ______________________
    
                            Title: ________________________                         
Date: ________________________            Date: ________________________

COUNSEL FOR COMPLAINANT:            COUNSEL FOR RESPONDENT:
Department of Environmental Management

By: _________________________            By: ________________________
Office of Legal Counsel                
Department of Environmental Management

Date: _______________________            Date: ______________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 199___.

                            
                            For the Commissioner:
                            

                             Signed on 2/7/98
                            David J. Hensel
                            Director
                            Office of Enforcement

Converted by Andrew Scriven