NOTICE OF VIOLATION Via Certified Mail # 7000 0600 0026 8293 1828 To: Peggy Ramsey

d/b/a Sparkle Car Wash

5778 E. Mulberry

Portage, Indiana 46368

Case No. 2002-12505-S


Based on an investigation by a designated representative of the Indiana Department of Environmental Management (IDEM) on September 16, 2002, Peggy Ramsey, d/b/a Sparkle Car Wash, who owns two underground storage tanks, located at 6458 Central Ave., Portage, Porter County, Indiana, (the "Site") is in violation of the following environmental rule: 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 systems at the Site have been in temporary closure for more than twelve (12) months and have 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 13-30-4-1, the Commissioner may assess penalties of up to $10,000 per day for each violation.

Please contact Barbara Goldblatt at 317 / 233 - 6335 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter.
 
 
 
 

For the Commissioner:

Date: 3 / 27 / 03

Felicia A. Robinson

Deputy Commissioner for Legal Affairs
 
 
 
 

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

Porter County Health Department

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

Bcc: Bill Myers, IDEM-OLQ-UST Section, Shadeland Office

Enforcement File