STATE OF INDIANA

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BEFORE THE INDIANA DEPARTMENT

 

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SS:

OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION

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COMMISSIONER OF THE DEPARTMENT

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OF ENVIRONMENTAL MANAGEMENT,

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Complainant,

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v.

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Case No. 2002-12004-S

 

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MARIE E. HEINOLD,

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Respondent.

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NOTICE AND ORDER OF THE

COMMISSIONER OF THE

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

 

VIA CERTIFIED MAIL:

VIA CERTIFIED MAIL:

 

 

Marie E. Heinold

Harris, Welsh & Luckmann

9 West Violet Street

Attn: Robert A. Welsh

Francesville, IN  47496

107 Broadway Ave.

 

Chesterton, IN  46304

 

This Notice and Order of the Commissioner of the Department of Environmental Management (“Order”) is issued against Marie E. Heinold (“Respondent”) pursuant to IC 13-30-3-4, IC 13-30-3-10, and IC 13-30-3-11, and is based on violation of an environmental rule found during an investigation conducted by the Indiana Department of Environmental Management (“IDEM”).  Specifically, the investigation, which included a records review conducted on February 22, 2002, revealed that the Respondent violated 327 IAC 2-6.1-7, 329 IAC 9-4-1(1), and 329 IAC 9-4-3(2)(A), as specified below:

FINDINGS OF VIOLATION

 

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

 

2.                  Respondent owned and/or owned and operated the underground storage tank systems, Facility ID# 17743, located at 13205 Morse Street, Cedar Lake, Lake County, Indiana (“Site”).  Respondent also owns the property located at the Site.

 

3.                  IDEM has jurisdiction over the parties and the subject matter of this action.

 

4.                  All references to 329 IAC 9 and its various parts and subparts in the “Findings of Violation” portion of this Order are to the version in effect prior to the rule change effective September 29, 2004.  All references to 329 IAC 9 and its various parts and subparts in the “Order” portion of this Order are to the version currently in effect.

 

5.                  Pursuant to 329 IAC 9-4-3(2)(A), unless corrective action is initiated in accordance with 329 IAC 9-5, the owner and operator shall immediately investigate and confirm all suspected releases of regulated substances requiring reporting under 329 IAC 9-4-1 within seven (7) days.   The owner and operator shall measure for the presence of a release where contamination is most likely to be present at the underground storage tank site.  If the test results for the excavation zone or the underground storage tank site indicate that a release has occurred, the owner and operator shall begin corrective action in accordance with 329 IAC 9-5.

 

6.                  An Initial Site Characterization of the Site dated September 24, 2001 was prepared for Respondent by SES Environmental and submitted to IDEM.  This Initial Site Characterization indicated that a release of petroleum fuel occurred at the Site and that the petroleum release impacted soil and groundwater.  The Respondent failed to begin corrective action after a release was confirmed by the September 24, 2001 Initial Site Characterization, in violation of 329 IAC 9-4-3(2)(A).

 

7.                  On March 31, 2003, a Notice of Violation was issued, pursuant to IC 13-30-3-3 to the Respondent for the violations cited above.  Respondent received this Notice of Violation on or about April 3, 2003.

 

8.                  The Notice of Violation contained an offer to enter into an Agreed Order, in compliance with IC 13-30-3-3.  IDEM subsequently provided the Respondent with a proposed Agreed Order.

 

9.                  More than sixty (60) days have elapsed since Respondent was offered the opportunity to enter into an Agreed Order.

 

10.             The Respondent has not entered into an Agreed Order resolving the violations cited above.

ORDER

 

1.                  The Respondent shall, within thirty (30) days of the Effective Date of this Order, submit a Further Site Investigation Plan (“FSIP”) to IDEM setting forth in detail the actions Respondent shall take to complete a Further Site Investigation that meets the requirements of 329 IAC 9-5-6. The FSIP shall be subject to review, modification and approval by IDEM. The FSIP must be approved by IDEM prior to implementation. In the event IDEM determines that the FSIP submitted by Respondent is deficient or otherwise unacceptable, Respondent shall revise and resubmit the FSIP to IDEM in accordance with IDEM's notice. Upon notification of deficiencies in the FSIP, Respondent shall have fifteen (15) days to revise and resubmit a FSIP to IDEM which addresses the deficiencies.  After three (3) submissions of the FSIP by Respondent, IDEM may modify and approve any such FSIP and Respondent must implement the FSIP as modified by IDEM.  The approved FSIP shall be incorporated into this Order and shall be deemed an enforceable part thereof.

 

2.                  Upon IDEM approval of the FSIP, Respondent shall implement the approved FSIP in accordance with the schedule contained therein and submit the results of the Further Site Investigation to IDEM. Respondent shall submit and implement additional Further Site Investigation Plans at IDEM’s request if IDEM determines that further site investigation is needed to adequately delineate the extent of contamination.

 

3.                  The Respondent shall, within sixty (60) days of receiving written notice from IDEM, submit a Corrective Action Plan (“CAP”) pursuant to 329 IAC 9-5-7 and a schedule for implementation thereof. The Respondent shall utilize IDEM's UST Branch Guidance Manual October 1994 update to develop the CAP. The CAP shall be subject to review, modification and approval by IDEM.  In the event IDEM determines that the CAP submitted by Respondent is deficient or otherwise unacceptable, Respondent shall revise and resubmit the CAP to IDEM in accordance with IDEM’s notice.  Upon notification of deficiencies in the CAP, Respondent shall have fifteen (15) days to revise and resubmit a CAP to IDEM which addresses the deficiencies.  After three (3) submissions of the CAP by Respondent, IDEM may modify and approve any such CAP and Respondent must implement the CAP as modified by IDEM.  The approved CAP shall be incorporated into this Order and shall be deemed an enforceable part thereof.

 

4.                  Upon IDEM approval of the CAP, the Respondent shall implement the approved CAP in accordance with the schedule contained therein. 

 

5.                  Respondent shall permit an agent of IDEM to view and inspect the activities performed pursuant to the approved FSIP and/or CAP. In order to facilitate such an inspection, Respondent shall notify IDEM at least seven (7) days prior to any scheduled activities.

 

6.                  To the extent that the Site or other areas where work is to be performed hereunder are owned or controlled by parties other than those bound by this Order, Respondent is responsible for obtaining access to such properties.  Such access shall include access for IDEM and authorized representatives of IDEM.  In the event that access to the Site is not obtained, Respondent shall so notify IDEM, which may at its discretion assist Respondent in gaining access.

 

7.                  All submittals required by this Order, unless notified otherwise in writing, shall be sent to the following parties:

 

Steven Carmer, Enforcement Case Manager

Office of Enforcement Mail Code 60-02

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, Indiana  46204-2251

 

Craig Schroer, Leaking Underground Section

Office of Land Quality     Mail Code 67-18

Indiana Department of Environmental Management

100 North Senate Avenue, Room 1101

Indianapolis, Indiana  46204-2251

 

8.                  Respondent is assessed a civil penalty of Eight Thousand Seven Hundred and Fifty Dollars ($8,750.00). Said penalty amount shall be remitted to the Department of Environmental Management within thirty (30) days of the effective date of this Order. Checks shall be made payable to Underground Petroleum Storage Tank Trust Fund with the Case Number indicated on the check and mailed to:

 

Indiana Department of Environmental Management

Cashiers Office – Mail Code 50-10C

100 N. Senate Avenue

Indianapolis., IN  46204-2251

 

9.                  This Order shall apply to and be binding upon the Respondent, her successors and assigns. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Order.

 

EFFECTIVE DATE OF ORDER

 

Pursuant to IC 13-30-3-5, this Order takes effect twenty (20) days following receipt unless you request review of this Order, before the twentieth day after receipt, by filing a written request for review with the Office of Environmental Adjudication, and serving a copy of the request for review upon the Commissioner of the Indiana Department of Environmental Management.  You may request that the Office of Environmental Adjudication conduct a hearing to review this Order, under IC 4-21.5, in its entirety, or you may limit your request for review to specific findings and/or orders contained in this Order.  Requests for review must be submitted to the Office of Environmental Adjudication and the Commissioner of the Indiana Department of Environmental Management at the following addresses:

 

Director

Commissioner

Office of Environmental Adjudication

IDEM

Indiana Government Center North

Indiana Government Center North

100 North Senate Avenue, Room 1049

100 North Senate

Indianapolis, Indiana 46204

Indianapolis, Indiana 46204

 

Failure to properly submit a request for review, before the twentieth day following receipt of this Order of the Commissioner, waives your right to administrative review of this Order and your right to judicial review of the Order.  The petition for administrative review must contain the following information:

 

a.                  Name, address, and telephone number of each person filing the petition.

b.                  Identification of the interest of each petitioner in the subject of the petition.

c.                  Statement of facts demonstrating that the petitioner is:

(A)              a person to whom the order is directed;

(B)              aggrieved or adversely affected by the order; or

(C)             entitled to review under any law.

d.                  Statement with particularity of the legal issues proposed for consideration in the proceedings.

 

The petition for administrative review should also contain the following information:

 

a.                  Identification of any persons represented by the person making the request.

b.                  Statement identifying the person against whom administrative review is sought.

c.                  A copy of the notice of the commissioner’s action issued by the department of environmental management which is the basis of the petition for administrative review.

d.                  Statement indicating the identification of petitioner’s attorney or other representative.

 

If you have procedural or scheduling questions regarding your request for review you may contact the Office of Environmental Adjudication at (317) 232-8591.

 

Dated at Indianapolis, Indiana, this

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day of

20____

 

 

 

 

 

 

 

 

 

 

 

 

**signed 4/5/2006**

 

 

Thomas W. Easterly

 

 

Commissioner

 

 

 

 

 

cc:

Lake County Health Department

 

Lake County Public file

 

http://www.in.gov/idem/

 

Matt Klein, AC, IDEM-OCE, IGCN, 13th Floor

 

Craig Schroer, Section Chief, IDEM-OLQ-LUST Section, IGCN, 11th Floor

 

Thomas F. Newcomb, Case Manager, IDEM-OE-SW/UST Section, IGCN, 13th Floor

 

Joe Hillier, Project Manager, IDEM-OLQ-LUST Section, NW Regional office

 

Sandra Siler, Inspector, U.S. EPA, Region V HQ, Chicago, IL