NOTICE OF VIOLATION

Via Certified Mail#

To: Gus Olympidis, President

Family Express Corporation

1951 Morthland Drive

Valparaiso, IN 46385

 

 

Case No. 2001-10503-S

On May 30, 2000, an Initial Incident Report (LUST Incident #200005513) was filed with the Indiana Department of Environmental Management (IDEM) concerning a petroleum release from underground storage tanks (USTs) owned by Family Express Corporation. Family Express Corporation (#35), Facility ID #4140, located at 8805 W. State Road 114, Rensselaer, Jasper County, Indiana ("the Site"), is in violation of the following environmental rules and statute:

    1. Pursuant to 329 IAC 9-4-3(2), 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. Due to inadequate sampling, the vertical and horizontal extent of petroleum hydrocarbon contamination has not been properly delineated.
    1. Pursuant to 329 IAC 9-5-4.1(a)(4), the owner and operator shall remedy hazards posed by contaminated soils that are excavated or exposed as a result of release confirmation, site investigation, abatement, or corrective action activities. If these remedies include the treatment or disposal of soils, the owner and operator shall comply with applicable state and local requirements. The landfarm constructed at the Site to treat contaminated soil does not comply with applicable state requirements.
    2. Pursuant to 329 IAC 9-5-4.1(a)(5), the owner and operator shall measure for the presence of a release where contamination is most likely to be present. Due to inadequate sampling, the vertical and horizontal extent of petroleum hydrocarbon contamination has not been properly delineated.

D. Pursuant to 329 IAC 9-5-5.1(a) and (b), the owner and operator shall assemble information (Initial Site Characterization/ISC) about the site and the nature of the release, and submit the ISC to IDEM within forty-five (45) days of release confirmation. The information submitted for the ISC does not adequately define the vertical and horizontal extent of contamination.

E. Pursuant to 329 IAC 9-5-6, the owner and operator shall conduct investigations of the release, the release site and surrounding areas to determine the full extent of contamination by the release. Due to inadequate sampling, the vertical and horizontal extent of soil and groundwater contamination has not been properly delineated.

F. Pursuant to 329 IAC 9-5-7, the commissioner may require the owner or operator to submit additional information or develop and submit a corrective action plan for responding to contaminated soils and groundwater. The information submitted to IDEM was inadequate to determine the extent of contamination and develop a corrective action plan.

G. Pursuant to 329 IAC 9-6-2(i)(2), a completed closure report must be submitted to IDEM within thirty (30) days after the UST is removed from the ground or closed in place. USTs were closed at the Site and a closure report was not submitted within thirty (30) days.

H. Pursuant to IC 13-30-2-1(1), no person may discharge, or threaten to discharge, any contaminant or waste into the environment. Petroleum products located at the Site were discharged into the environment.

In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty (60) days.

Entering into an Agreed Order will prevent the issuance of a Notice and Order of the Commissioner under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-2-6.

IDEM encourages settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.

If settlement is not reached within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken to achieve compliance, the required time frames, and an appropriate civil penalty. Pursuant to IC 13-23-14, the Commissioner may assess penalties of up to $10,000 per underground storage tank for each day of violation.

Please contact Jennifer Andres at (317)233-3831 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter. If you are willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return it to the Office of Enforcement at the above address within the sixty (60) day settlement period.

 

 

For the Commissioner:

Signed on 8/8/01

Date: _______________ _________________________

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement

Enclosure

cc: Sandy Lynch, US EPA Region 5

Jasper County Health Department

Facility ID # 4140 Public File

http://www.state.in.us/idem