NOTICE OF VIOLATION
Via Certified Mail#
To: Petrol Mart, Inc.
Attn: John Ceccarelli, President
205 South Hoover Blvd., Ste 101
Tampa, Florida 33609
Case No. 2001-10576-S
Based on an investigation by a designated representative of the Indiana Department of Environmental Management (IDEM) on April 30, 2001, Petrol Mart, Inc., UST Facility I.D. 1778, located at 6993 US 150, Floyds Knobs, Floyd County, Indiana (the "Site"), is in violation of the following environmental rule:
A. Pursuant to 329 IAC 9-3.1-2, the owner and operator of a steel UST system with corrosion protection shall ensure that all corrosion protection systems are operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank and piping that routinely contain regulated substances; and are in contact with the ground. The impressed current cathodic protection system installed at the Site has not been supplied with electricity for more than twelve (12) months.
B. Pursuant to 329 IAC 9-6-5(a)(2), when a UST system is temporarily closed, the owner and operator shall continue operation and maintenance of any release detection under 329 IAC 9-7, except release detection is not required as long as the UST system is empty. The UST system that contains over one inch of a regulated petroleum product at the Site has not been monitored for releases for more than twelve (12) months.
C. 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 329 IAC 9-2.1, except that spill and overfill equipment requirements do not have to be met. The UST system at the Site has been in temporary closure for more than twelve (12) months and has not had an operational corrosion protection system and has not been permanently closed.
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 day for each violation.
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.
For the Commissioner:
Date: (signed 7/26/2001)
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
cc: Sandra Lynch, US EPA Region 5
Floyd County Health Department
UST Public File, FID# 1778
http://www.state.in.us/idem