NOTICE OF
VIOLATION
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To: |
T Mart, Inc. |
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Via Certified
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To: |
T Mart, Inc. |
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Via Certified
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To: |
Manoj Sharma, Registered Agent |
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Case No. 2005-14637-S
Based on an investigation on February 9,
2005, the Indiana Department of Environmental Management (IDEM) has reason to
believe that T Mart, Inc. a/k/a Travelers Mart, Inc. (Respondent), who owns
and/or operates UST Facility I.D. 1204, located at the 13702 S. US Hwy 231, Remington,
Jasper County [Jasper County Parcel Number 2-00305], Indiana, ("Site"),
has violated environmental rules. The
violations are based on the following:
A.
Pursuant to 329 IAC 9-4-1(1), the owner and
operator of a UST system shall report to the agency within twenty-four (24)
hours and follow the procedures in 329 IAC 9-5-4.1 when the owner and operator
or another person discover the release of regulated substances at the
underground storage tank site or in the surrounding area.
T Mart, Inc. a/k/a Travelers Mart, Inc. did not report known contamination at
the Site within twenty-four (24) hours of its discovery on
B.
Pursuant to 329 IAC 9-5-5.1(b)(3), within sixty
(60) days of release confirmation, the owner and operator shall submit an initial
site characterization under subsection (a) to the agency that is signed by a
registered professional engineer under IC 25-31-1; a licensed professional
geologist under IC 25-17.6; a certified hazardous materials manager (CHMM) as
certified by the Institute of Hazardous Material Management; or a professional
soil scientist registered under IC 25-31.5-4.
T Mart, Inc. a/k/a Travelers Mart, Inc. submitted an inadequate Initial Site
Characterization (ISC) on
C.
Pursuant to 329 IAC
T Mart, Inc. a/k/a Travelers Mart, Inc. has not fully delineated the soil and
groundwater contamination at the Site.
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 violation[s] 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 violation[s] occurred. IDEM encourages settlement by Agreed Order,
thereby resulting in quicker correction of the environmental violation[s] 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
violation[s] 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.
To discuss this matter further, please
contact Thomas F. 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.
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For the Commissioner: |
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Date: |
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Signed on |
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Matthew T. Klein |
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cc: Sandra Siler, US EPA Region 5
Jasper County Health Department
UST Public File, FID# 1204
www.IN.gov/idem
Enforcement File