|
STATE
OF |
) |
|
BEFORE THE INDIANA DEPARTMENT |
||
|
|
|||||
|
COMMISSIONER OF THE DEPARTMENT Complainant, v. RON STEALY, Respondent. |
) |
|
|||
NOTICE AND ORDER OF THE
COMMISSIONER OF THE
DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT
VIA CERTIFIED MAIL:
To: Ron Stealy
This Notice and Order of the Commissioner of the
Department of Environmental Management (“Order”) is issued against Ron Stealy
(“Respondent”) pursuant to IC 13-30-3-4, IC 13-30-3-10, and IC 13-30-3-11, and
is based on violations of environmental rules and statute found during an
investigation conducted by the Indiana Department of Environmental Management
(“IDEM”). Specifically, the
investigation, which included a records review conducted on August 11, 2004,
revealed that the Respondent violated 329 IAC 9-5-6(a) and 329 IAC 9-3-1(b), 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
2.
Respondent is Ron Stealy (“Respondent”), who owned and/or
operated the underground storage tank system, UST Facility I.D. No. 22138,
located at 64555 U.S. 31 South in
3.
The Indiana Department of Environmental Management (“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 the version
currently in effect.
5.
Pursuant to 329 IAC 9-5-6(a), in order to determine the full
extent and location of soils contaminated by the release and the presence and
concentrations of dissolved product contamination of the ground water, the
owner and operator shall conduct investigations of the release, the release
site and the surrounding area possibly affected by the release.
6.
Respondent has failed to investigate the confirmed release, Incident
No. 9810559, of petroleum at the site to determine the full extent of vertical
and horizontal soil and/or ground water contamination, thus violating 329 IAC
9-5-6(a).
7.
Pursuant to 329 IAC 9-3-1(b), the owner or operator shall
submit the proper notifications, reports and releases, and corrective action
plans to IDEM.
8.
Respondent failed to submit notifications, notifications of
reports and releases and corrective action plans to IDEM, thus violating 329 IAC
9-3-1(b).
9.
On April 15, 2005, a Notice of Violation was issued,
pursuant to IC 13-30-3-3, to the Respondent for violation of 329
IAC 9-5-6(a) and 329 IAC 9-3-1(b). Respondent received
this Notice of Violation via Service of Summons on June 1, 2005.
10.
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.
11.
More than sixty (60) days have elapsed since Respondent was
offered the opportunity to enter into an Agreed Order.
12.
The Respondent has not entered into an Agreed Order
resolving the violations cited above.
ORDER
1.
The Respondent shall immediately comply with 329
IAC 9-5-6(a) and 329 IAC 9-3-1(b).
2.
The Respondent shall, within sixty (60) days of the
Effective Date of this Order, submit to IDEM an Initial Site Characterization
Plan (“ISCP”) detailing how the Respondent will develop
and implement an Initial Site Characterization (“ISC”) as described in 329 IAC
9-5-5.1. The ISCP shall be subject to review, modification and approval by
IDEM. The ISCP must be approved by IDEM
prior to implementation. The Respondent
shall implement the approved ISCP. The Respondent shall complete all
requirements in the approved ISCP. The approved ISCP, including the work
schedule in the ISCP, shall be incorporated into this Agreed Order and shall be
deemed an enforceable part thereof. Respondent
shall submit and implement additional ISCPs at IDEM’s request if IDEM
determines that further site characterization is needed.
3.
The Respondent shall, within sixty (60) days of receiving
written notice from IDEM, submit a Further Site Investigation Plan (“FSIP”) to IDEM detailing how he will develop and implement a
Further Site Investigation (“FSI”) as described in 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. The Respondent shall
implement the approved FSIP. The
Respondent shall complete all requirements in the approved FSIP. The approved FSIP,
including the work schedule in the FSIP, shall be incorporated into this Agreed
Order and shall be deemed an enforceable part thereof. Respondent shall submit and implement
additional FSIPs at IDEM’s request if IDEM determines that further site investigation
is needed to adequately delineate the extent of contamination.
4.
The Respondent shall, within sixty (60) days of receiving
written notice from IDEM, submit to IDEM a Corrective Action Plan (CAP) as
described in 329 IAC 9-5-7. The
Respondent shall utilize IDEM's UST Branch Guidance Manual dated October 1994,
to develop the CAP. The CAP shall be
subject to review, modification and approval by IDEM. The Respondent shall implement the approved
CAP. The Respondent shall complete all
requirements in the approved CAP. The
approved CAP, including the remediation schedule in the CAP, shall be
incorporated into this Agreed Order and shall be deemed an enforceable part
thereof.
6.
The Respondent shall apply for and obtain all necessary
permits and/or approvals pertaining to testing and remediation on-site and/or
off-site prior to any remediation activities being performed.
7.
The Respondent shall permit an agent of IDEM to view and
inspect the activities performed pursuant to the approved ISCP, FSIP and/or CAP. In order
to facilitate such an inspection, the Respondent shall notify IDEM’s Leaking
Underground Storage Tank Section at least seven (7) days prior to any scheduled
activities.
8.
All submittals required by this Commissioner's Order, unless
notified otherwise in writing, shall be sent to:
Steven Carmer, Enforcement
Case Manager
Office of Enforcement Mail Code 60-02
Indiana Department of
Environmental Management
9.
The Respondent shall pay a civil penalty of Eleven Thousand Two
Hundred Dollars ($11,200.00) for violation of the violations cited above. This
penalty 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 the
Underground Petroleum Storage Tank Trust Fund, with the Case Number indicated
on the checks and mailed to:
Indiana Department of
Environmental Management
Cashiers Office – Mail Code
50-10C
10.
This Order shall apply to and be binding upon the
Respondent, its 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 |
|
|
|
|
|
|
|
|
|
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
FOR THE COMMISSIONER:
Signed July 13, 2006
Thomas W. Easterly
Commissioner
cc: St.
Joseph County Health Department
St. Joseph County Public
file
http://www.in.gov/idem/
Nicole Sipe,
Office of Legal Counsel
Craig Schroer, Section
Chief, IDEM-OLQ-LUST Section, IGCN, 11th Floor
Steven Carmer, Case
Manager, IDEM-OCE-SW/UST Section, IGCN, 13th Floor
Sandra Siler, Inspector,