NOTICE OF VIOLATION




To: Equilon Enterprises, LLC CT Corporation System, Registered Agent
603 East Diehl Road 36 South Pennsylvania Street
Suite 103 Suite 700
Naperville, IL 60563 Indianapolis, IN 46204



Case No. 2002-11325-S

Based on a records review by designated representatives of the Indiana Department of Environmental Management (IDEM) on November 14, 2001, of LUST Incident Numbers 9611503, 9903554, 9905521, Equilon Enterprises, LLC, owner of the Shell Station, Facility ID# 000590, located at 7306 Indianapolis Blvd, Hammond, Lake 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.
    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.
    3. 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. Information submitted for the ISC does not adequately define the vertical and horizontal extent of contamination.
    4. 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.
    5. 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 is inadequate to determine the extent of contamination and develop a corrective action plan.
    6. 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 13-30-4-1, the Commissioner may assess penalties of up to $10,000 per day for each violation.

To discuss this matter further, please contact Jennifer Andres at (317)233-3831 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:

Signed 4/17/02

Date: _______________ _________________________

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

cc: Sandy Lynch, EPA Region V

Lake County Health Department

LUST Incident #s 9611503, 9903554, 9905521 Public File

FID #590 Public File

Liza Coolidge

603 East Diehl Road

Suite 103

Naperville, IL 60563

Phil Daily

16800 Greenpoint Park Drive

Suite 2155

Houston, TX 77060

Enforcement File

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