NOTICE OF VIOLATION
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To: |
Mr. Jon F. Lassus, President Lassus Brothers Oil, Inc. d/b/a Lassus Brothers Handy Dandy Bp-- Store 32 2331 Turnberry Lane #34 Ft. Wayne, Indiana 46814-9356 |
Mr. Jon F. Lassus, Registered Agent Lassus Brothers Oil, Inc. d/b/a Lassus Brothers Handy Dandy Bp-- Store 32 1800 Magnavox Way Ft. Wayne, Indiana 46804-1540 |
Case No. 2002-11225-W
Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on January 28, 2003, Lassus Brothers Oil, Inc., which operates Lassus Brothers Handy Dandy Bp--Store 32, which has a Public Water Supply (PWS), identification number 2020819, located at 12010 U.S. Highway 24 West, Ft. Wayne, Allen County, Indiana, was in violation of the following environmental rules:
A. Pursuant to 327 IAC 8-2-4.1(f), all public water supply (PWS) systems shall monitor to determine compliance with the maximum contaminant level (MCL) for nitrate. Lassus Brothers Oil, Inc. failed to monitor the Lassus Brothers Handy Dandy Bp--Store 32's PWS system for nitrate during the years of 2001 and 2002, in violation of 327 IAC 8-2-4.1(f).
C. Pursuant to 327 IAC 8-2-15(d) and its successor Rules 327 IAC 8-2.1-7 and 327 IAC 8-2.1-10, the owner or operator of a noncommunity water supply system which fails to either perform monitoring or to comply with a testing procedure established by these rules, or which is subject to a variance or exemption under these rules, shall initially notify persons served by the system, by an appropriate method as outlined in these rules, within three months after the violation occurs or the variance or exemption is granted. Lassus Brothers Oil, Inc. failed to notify persons served by the Lassus Brothers Handy Dandy Bp--Store 32's PWS system of the nitrate monitoring violations during 2001 and 2002, and the total coliform monitoring violations during the first, third and fourth quarters of 2000, and the first, second, third and fourth quarters of 2001, and the second and third quarters of 2002, in violation of 327 IAC 8-2-15(d), 327 IAC 8-2.1-7 and 327 IAC 8-2.1-10. (Rule 327 IAC 8-2-15(d) applies to violation events on and before November 19, 2001, while 327 IAC 8-2.1-7 and 327 IAC 8-2.1-10 apply similarly on and after November 20, 2001.)
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 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. 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 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 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day for each violation.
Please contact Richard Deitsch at 317/233-1135 within 15 days after receipt of this Notice regarding Lassus Brothers Oil, Inc.'s intent to settle this matter. If Lassus Brothers Oil, Inc. is willing to resolve this matter as provided for in the enclosed Agreed Order, please obtain the required signatures and return the signed Agreed Order to the Office of Enforcement at the above address within the 60 day settlement period.
For the Commissioner:
Date signed: August 13, 2003
Date:
Felicia A. Robinson
Deputy Commissioner for Legal Affairs