Via Certified Mail# 7000 0600 0026 8293 0074

Case No. 2002-11624-S

Based on an investigation by a designated representative of the Indiana Department of Environmental Management (IDEM) on August 5, 1998 and April 16, 2002, Sarabjit Singh, Dharminder S. Khatra, Sarwan Singh, and Sam's Gas & Mini Mart, Inc., located at 1001 East 21^st Avenue, Facility I.D. 19165, Gary, Lake County, Indiana, (the "Site") are in violation of the following environmental rules:

1. 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 using a form provided by the agency for this notification. Sarabjit Singh, Dharminder S. Khatra, Sarwan Singh, and Sam's Gas & Mini Mart, Inc. failed to properly register the UST systems at the Site with IDEM for three years.
2. Pursuant to 329 IAC 9-2.1-1(a), all existing UST systems shall comply with one (1) of the following requirements no later than December 22, 1998: (1) new UST performance standards under 329 IAC 9-2-1, (2) upgrading requirements under sections (b) through (d), (3) closure requirements under 329 IAC 9-6, including applicable requirements for corrective action under 329 IAC 9-5. The UST systems at the Site have not been properly upgraded regarding corrosion protection and have not been properly closed.
3. Pursuant to 329 IAC 9-7-1, all owners and operators of new and existing UST systems shall provide a method, or combination of methods, of release detection that does the following: (1) Can detect a release from any portion of the tank and the connected underground piping that routinely contains product. (2) Is installed, calibrated, operated, and maintained in accordance with the manufacturer's instructions, including routine maintenance and service checks for operability or running condition. Sarabjit Singh, Dharminder S. Khatra, Sarwan Singh, and Sam's Gas & Mini Mart, Inc. failed to provide release detection for the UST systems in use at the Site.

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.

Please contact Tom Newcomb at 317-232-8410 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter.

Date: _______________ //signed 2/17/2003//

cc: Sandra Siler, US EPA, Reg 5 HQ, OUST, Chicago, IL

Lake County Health Department

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