To:

Case No. 2004-13738-S

Based on an investigation on January 21, 2004, the Indiana Department of Environmental Management (IDEM) has reason to believe that Dearborn County Highway Department  (Respondent) has violated environmental rules.  The violations are based on the following:

1.                  Respondent owns and operates two underground storage tank systems, UST Facility I.D. 9199 located at 11529 County Farm Road in Aurora, Dearborn County, Indiana (the “Site”).

2.                  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 a notice to the Agency to register the tank using a form provided by the Agency for this notification. 

The Respondent failed to register the used oil underground storage tank (UST) system at the site.

3.                  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 used oil UST system at the site does not meet the new UST performance standards and has not been properly upgraded, or properly closed. 

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that a violation[s] 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 13-23-14, the Commissioner may assess penalties of up to $10,000 per day for each violation.

To discuss this matter further, please contact Melissa Farrington at 317-232-8409 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 5/07/04

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc:        Dearborn County Health Department

            UST Public File, ID #9199

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

            Enforcement File