NOTICE OF VIOLATION
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Via Certified Mail
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Via Certified Mail
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Mr. Gurprit Deol, Principal
& Registered Agent |
Mr. Gurprit Deol, Owner |
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Deol Brothers, Inc., |
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Case No. 2003-13581-A
Based on an investigation on July 11, 2003 and July
7, 2004, the Indiana Department of Environmental Management (IDEM) has reason
to believe that Gurprit Deol and Deol Brother’s Inc., (Respondent) have
violated environmental statute(s), rule(s) and/or permit(s). The violations are based on the following:
1.
Respondent owns and operates a Marathon Food Mart, ID#
127-001, located at 101
a. Pursuant
to 326 IAC 8-4-6(e)(4)(C) and 326 IAC 8-4-6(j), a signed daily log of daily
inspections must be maintained for two (2) years and made available to IDEM
upon request.
On
b. Pursuant to 326 IAC 8-4-6(e) (4) (E) and 326 IAC 8-4-6(j), instructions must be posted in a conspicuous place in the fuel dispensing areas and instruction shall clearly describe how to fuel vehicles correctly with the vapor recovery nozzles and also include a warning that repeated attempts to continue dispensing motor vehicle fuel after the system has indicted that the vehicle fuel tank is full, may result in a spillage or fuel.
On July 22, 2003 and July 7, 2004, the Respondent failed to post instructions for operation in a conspicuous and visible place within the motor vehicle fuel dispensing areas for the system in use at the station, a violation of IAC 8-4-6(e)(4)(E) and 326 IAC 8-4-6(j).
c. Pursuant to 326 IAC 8-4-6(i)(3) and 326 IAC 8-4-6(j), a malfunction log must be maintained documenting the time period and duration of all malfunctions of the vapor collection and control system be recorded and that such documentation must be maintained for two (2) years and made available to IDEM upon request.
On
d. Pursuant
to 326 IAC
On
In accordance with IC 13-30-3-3, the Commissioner herein provides notice that violations may exist and offers an opportunity to enter into an Agreed Order providing for the action 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.
As provided in IC 13-30-3-4, an alleged violator
may enter into an Agreed Order without admitting that the violations
occurred. IDEM encourages settlement by
Agreed Order, thereby resulting in quicker correction of the environmental
violations and avoidance of extensive litigation. Timely settlement by Agreed Order may result
in a reduced civil penalty. Also,
settlement discussions will allow the opportunity to present any mitigating
factors that may be relevant to the violations.
If an Agreed Order is not entered into within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the actions that must be taken to correct the violations and requiring the payment of 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 Amy Moreland at 317.232.8428 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.
For the Commissioner:
signed
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Porter County Health Department
Office of Legal Counsel
Amy Moreland, Office of Enforcement
Kathy Lewandowski, Hammond DEM / Office of Air Quality
Ron Novak, Hammond DEM / Office of Air Quality
Lynne Sullivan, Office of Enforcement
OAQ Public File
Enforcement File