Via Certified Mail# _______________ Via Certified Mail# _______________

To: Cloverdale Travel Plaza, Inc. Cloverdale Travel Plaza, Inc.

To: Eric Hayman

Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on January 7, 2001, Eric Hayman and the Cloverdale Travel Plaza, Inc., UST Facility ID 4497, located at Interstate 70 and US Highway 231, in Cloverdale, Putnam County, Indiana ("Site"), are in violation of the following environmental rules and statutes:

1. Pursuant to 327 IAC 5-2-2, any discharge of pollutants into waters of the state as a point source discharge is prohibited, unless in conformity with a NPDES Permit obtained prior to the discharge. Diesel fuel was discharged from the Site into Rabbit Run Creek, waters of the state, without a valid NPDES permit.
2. Pursuant to 327 IAC 2-1-6(a)(1), all waters at all times and at all places, including the mixing zone, shall meet the minimum conditions of being free from substances, materials, floating debris, oil, or scum attributable to municipal, industrial, agricultural, and other land use practices, or other discharges that will settle to form putrescent or otherwise objectionable deposits, that are in amounts sufficient to be unsightly or deleterious, that produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance, which are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants, or humans, and which are in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such a degree as to create a nuisance. Diesel fuel was discharged from the Site into Rabbit Run Creek, waters of the state.
3. Pursuant to 327 IAC 2-6.1-7, any person who operates, controls or maintains any mode of transportation or facility from which a spill occurs shall, upon discovery of a reportable spill to the soil or surface waters of the state contain the spill, if possible, to prevent additional spilled material from entering the waters of the state; undertake or cause others to undertake activities needed to accomplish a spill response; and as soon as possible, but within two (2) hours of discovery, communicate a spill to the Department of Environmental Management, Office of Land Quality. Eric Hayman and the Cloverdale Travel Plaza failed to report, contain and respond to a surface spill of diesel fuel on the western portion of the Site, and failed to report, contain and respond to a second spill of diesel fuel that impacted Rabbit Run Creek.
4. Pursuant to IC 13-18-4-5, it is unlawful for any person to throw, run, drain, or otherwise dispose into any of the streams or waters of this state, or to cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters, any organic or inorganic matter that causes or contributes to a polluted condition of any waters, as determined by a rule of the board adopted under Sections 1 and 3 of this chapter. Diesel fuel from the Site was allowed to drain into Rabbit Run Creek, waters of the state, which resulted in a polluted condition of the creek, violating 327 IAC 2-1-6(a)(1), which is a rule adopted by the Indiana Water Pollution Control Board, and thus violated IC 13-18-4-5.
5. Pursuant to IC 13-30-2-1(1), no person may discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into the environment or into any publicly owned treatment works in any form which causes or would cause pollution which violates or which would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws. The discharge of diesel fuel from the Site into Rabbit Run Creek, which was an unpermitted discharge and caused a polluted condition in the creek, respectively violated 327 IAC 5-2-2 and 327 IAC 2-1-6(a)(1), which are rules adopted by the Indiana Water Pollution Control Board, and thus violated IC 13-30-2-1(1).
6. Pursuant to 329 IAC 9-2-2(a), any owner who brings a UST system into use shall, within thirty (30) days of bringing such tank into use, submit notice to the agency to register the tank system using a form provided by the agency for this notification. Eric Hayman and the Cloverdale Travel Plaza did not register as new owners of the tanks at the Site within thirty (30) days of beginning business operations at the Site.
7. Pursuant to 329 IAC 9-4-1(1), the owner and operator of a UST system shall report to the agency within twenty-four (24) hours and follow the procedures in 329 IAC 9-5-4.1 if the owner and operator or another person discover a release of a regulated substances at the underground storage tank site or in the surrounding area. Released regulated substances may include the presence of free product or vapors in soils, basements, storm sewer lines, utility lines, nearby surface water, or groundwater. Eric Hayman and the Cloverdale Travel Plaza failed to report a leaking UST system within twenty-four (24) hours of its discovery.
8. Pursuant to 329 IAC 9-5-3.1(4), owners and operators shall prepare and submit to the agency, within forty-five (45) days after confirming a release, a free product removal report that provides at least the name of the person responsible for directing the free product removal measures, the estimated quantity, type, and thickness of free product observed or measured in wells, bore holes, and excavations, the type of free product recovery system used, whether any discharge will take place on-site or off-site during the recovery operation and where this discharge will be located, the type of treatment applied to, and the effluent quality expected from, any discharge, the steps that have been, or are being taken, to obtain necessary permits for any discharge, and the disposition of the recovered free product. Eric Hayman and the Cloverdale Travel Plaza failed to submit a free product removal report within forty-five (45) days of confirming a release at the Site.
9. Pursuant to 329 IAC 9-5-5.1(b), within forty-five (45) days of release confirmation, the owner and operator shall submit to the agency information about the site and the nature of the release, including information gained while confirming the release or completing the initial abatement measures. Eric Hayman and the Cloverdale Travel Plaza failed to submit an initial site characterization report within forty-five (45) days of confirming a release at the Site.
10. Pursuant to 329 IAC 9-7-4(1), product inventory control, or another test of equivalent performance, must be conducted monthly to detect a release of at least one percent (1.0%) of flow-through plus one hundred thirty (130) gallons on a monthly basis utilizing equipment that is capable of measuring the level of product over the full range of the tank's height to the nearest one-eighth (1/8) of an inch. Eric Hayman and the Cloverdale Travel Plaza utilized equipment that measured product levels in one-quarter (1/4) inch increments.

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.

To discuss this matter further, please contact Tom Newcomb at 317-232-8410 within fifteen (15) days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order will be prepared and sent for review and signature.
 
 

Date: (signed 12/13/2001)