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STATE
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. Peggy Ramsey, Respondent. |
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NOTICE AND ORDER OF THE COMMISSIONER
OF THE
INDIANA DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT
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Via
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Via
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To: |
Peggy
Ramsey, d/b/a Sparkle Car Wash |
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Lake
County Trust Company, Trustee for |
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This
Notice and Order of the Commissioner of the Indiana Department of Environmental
Management (“Order”) is issued against Peggy Ramsey d/b/a Sparkle Car Wash
(hereinafter referred to as "Ramsey") and Lake County Trust Company,
Trustee for the Trust known as Trust No. 1266, (hereinafter referred to as
"Trust Company"), pursuant to IC 13-30-3-4, IC 13-30-3-10, and IC
13-30-3-11, and is based on a violation of an environmental rule found during
an investigation conducted by the Indiana Department of Environmental
Management (“IDEM”).
Specifically,
the investigation, which included an inspection on September 16, 2002, revealed
that Respondents Ramsey and the Trust Company violated 329 IAC 9-6-5(c), as
specified below.
FINDINGS
1.
The Complainant is the Commissioner of the Indiana
Department of Environmental Management (“Complainant”) a department of the
State of
2.
Ramsey registered the underground storage tank systems
located at
3.
IDEM has jurisdiction over the parties and subject matter of
this action.
4.
All references to 329 IAC 9 and its various parts and
subparts in the “Findings” 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 9-6-5(c), when a UST system has been
temporarily closed for twelve (12) months, the owner or operator shall
permanently close the UST system if it does not meet the performance standards
in 329 IAC 9-2-1 or upgrading requirements in 329 IAC 9-2.1, except that spill
and overfill equipment requirements do not have to be met.
6.
An IDEM inspector conducted an inspection of the Site on
September 16, 2002. The inspector
observed two (2) underground storage tanks that were temporarily closed for at
least twelve (12) months and did not meet the performance standards in 329 IAC
9-2-1 or upgrading requirements in 329 IAC 9-2.1.
7.
The UST systems at the Site have been in temporary closure
for more than twelve (12) months, have not been permanently closed, and do not
meet the performance standards in 329 IAC 9-2-1 or upgrading requirements in 329
IAC 9-2.1.
8.
On May 13, 2003, a Notice of Violation was issued, pursuant
to IC 13-30-3-3, to Ramsey and the Trust Company for the violation cited
above. Ramsey and the Trust Company received
this Notice of Violation on May 16, 2003.
9.
On February 9, 2006, an Amended Notice of Violation was
issued, pursuant to IC 13-30-3-3, to Ramsey and the Trust Company for the violation
cited above. The Trust Company received
this Amended Notice of Violation on February 13, 2006 and Ramsey received this
Amended Notice of Violation on February 21, 2006.
10.
The Notice of Violation and Amended Notice of Violation each
contained an offer to enter into an Agreed Order in compliance with IC
13-30-3-3. IDEM provided Ramsey and the
Trust Company with a proposed Agreed Order.
11.
More than sixty (60) days have elapsed since Ramsey and the
Trust Company were offered the opportunity to enter into an Agreed Order.
12.
Ramsey and the Trust Company have not entered into an Agreed
Order resolving the violation cited above.
ORDER
1.
Upon the Effective Date of this Order, Ramsey and the Trust Company
shall immediately cease and desist violation of 329 IAC 9 6-5(c).
2.
Ramsey and the Trust Company shall permanently close the UST
systems at the Site as follows:
(a) Close the UST systems within sixty (60) days of the
Effective Date of this Order by one of the methods specified in 329 IAC 9-6-1 and
comply with the applicable closure requirements found in 329 IAC 9-6-2.5
through 329 IAC 9-6-4, including the applicable requirements for corrective
action under 329 IAC 9-5-1 through 9-5-8; and
(b) Within thirty (30) days of closing the UST systems, submit
a closure report to IDEM in accordance with 329 IAC 9-6-2.5.
3.
Ramsey and the Trust Company shall ensure that all work
conducted to satisfy the requirements of Order Paragraph No. 2 is done in
compliance with all applicable federal, state and local laws and regulations.
4.
All submittals required by this Order, unless notified otherwise
in writing, shall be sent to:
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Barbara Goldblatt, Enforcement Case Manager |
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Office of Enforcement Mail Code: 60-02 |
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Indiana Department of Environmental Management |
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5.
Ramsey and the Trust Company are assessed jointly and
severally a civil penalty of Three Thousand Two Hundred Dollars ($3,200) for the
violation cited above. This penalty
shall be remitted to IDEM within thirty (30) days of the Effective Date of this
Order. The check shall be made payable
to the Underground Petroleum Storage Tank Trust Fund with Case Number 2002-12505-S
indicated on the check and mailed to:
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Indiana
Department of Environmental Management |
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Cashiers
Office – Mail Code 50-10C |
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6.
This Order shall apply to and be binding upon Ramsey and the
Trust Company, their successors and assigns. No change in ownership, corporate, or
partnership status of Ramsey and/or the Trust Company shall in any way alter their
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:
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Director |
Commissioner |
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Office of Environmental Adjudication |
IDEM |
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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
Signed on May 11, 2006
Thomas W. Easterly
Commissioner
cc: Earl Studtmann, attorney-at-law
Lee Ann
Kruszynski, ATC Associates
John Shepherd, Development Finance
Advisor,
Sandra Siler,
Porter County Health
Department
Porter County Public file
Matthew T. Klein, AC
Compliance & Enforcement, IDEM
NW Regional Office, IDEM
Skip Powers, UST Compliance, IDEM
Michelle Reeves, Legal
Counsel, IDEM
Barbara Goldblatt, Office
of Enforcement, IDEM
http://www.in.gov/idem