NOTICE OF VIOLATION

 

 

Via Certified Mail #:

 

 

To:

Arke Vaughn

 

5910 East US 50

 

Butlerville, IN 47223

 

 

Via Certified Mail #:

 

 

 

Dina Vaughn

 

5910 East US 50

 

Butlerville, IN 47223

 

 

Case No. 2004-14408-S

 

Based on inspections inspected by staff from the Office of Land Quality on June 10, 2003 and August 12, 2003, the Indiana Department of Environmental Management (IDEM) has reason to believe that Arke Vaughn and Dina Vaughn (Respondents) have violated environmental rules. All references to 329 IAC 9 and its various parts and subparts are to the version in effect prior to the rule change effective September 29, 2004.  The violations are based on the following:

 

1.                  Respondents own and/or operate underground storage tank systems, UST Facility ID No. 14292, located at 302 East Main Street in Westport, Decatur County, Indiana (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 notice to the agency to register the tank using a form provided by the agency for this notification.

The Respondents failed to register the UST systems at the Site.

 

3.                  Pursuant to 329 IAC 9-2-2(j), an owner and operator of a UST system that is in the ground on or after May 8, 1986, and not taken out of operational life on or before January 1, 1974, shall notify the agency of the service status of the UST system on a form provided by the agency for this notification.

The Respondents failed to notify IDEM of the service status of the UST systems.

 

4.                  Pursuant to 329 IAC 9-2.1-1(e), the owner and operator shall demonstrate compliance with 329 IAC 9-2.1-1 by providing a certification of compliance on the notification form under 329 IAC 9-2-2.

The Respondents failed to provide a certification of compliance with 329 IAC 9-2.1-1.

 

5.                  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 Respondents failed to properly upgrade or permanently close UST systems at the Site that do not meet the new UST performance standards.

 

6.                  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 the upgrading requirements of 329 IAC 9-2.1, except that spill and overfill equipment requirements do not have to be met.

The Respondents failed to permanently close the UST systems at the Site that have been in temporary closure for more than twelve (12) months and do not meet the new UST system performance standards or corrosion protection requirements.

 

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 13-23-14, the Commissioner may assess penalties of up to $10,000 per day for each violation.

 

To discuss this matter further, please contact Tom Newcomb at (317) 232-8410 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:

 

 

 

 

Date:

**signed July 6, 2005**

 

Matthew T. Klein

 

Assistant Commissioner for Compliance & Enforcement

 

 

 

cc:

Sandra Siler, US EPA Region 5

 

Nicole Sipe, IDEM-OLC-Enforcement Section, IGCN, 13th Floor

 

Decatur County Health Department

 

UST Public File, FID #14292

 

http://www.in.gov/iden