NOTICE OF VIOLATION
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Via
Certified Mail No.: |
Via
Certified Mail No.: |
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Frank
McCoy, President |
Gregory
Hagan, R.A. |
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Omega
2000, Inc. |
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Case No. 2006-15322-S
Based on the inspection by staff from the office of
Land Quality on June 27, 2005, the Indiana Department of Environmental
Management (“IDEM”) has reason to believe that (Respondent) has violated environmental
rules. The violations are based on the
following:
1.
Respondent owns and/or operates the underground storage tank
(“UST”) systems, UST Facility I.D. No. 8975, located at
2.
Pursuant to 329 IAC 9-2.1-1(a), all existing UST systems
shall comply with one of the following requirements no later than December 22,
1998: (1) new UST performance standards under 329 IAC 9-2-1; or (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 Respondent failed to
properly upgrade and/or permanently close the UST systems at the Site in
compliance with 329 IAC 9-2.1-1(a).
3.
Pursuant to 329 IAC 9-6-5(c)(1), 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 (1) the performance
standards in 329 IAC 9-2-1 for new UST systems; or (2) the upgrading
requirements of 329 IAC 9-2.1, except that spill and overfill equipment
requirements do not have to be met.
The Respondent failed to
permanently close the UST systems at the Site that have been in temporary
closure for more than twelve (12) months and either do not meet the performance
standards in 329 IAC 9-2-1 or the upgrading requirements of 329 IAC 9-2.1.
In
accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged
violator in writing that violations may exist and offer 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.
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
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(c), an alleged violator may enter into an Agreed Order without
admitting that the violations 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 13-23-14-3,
the Commissioner may assess penalties of up to $10,000 per UST per day for each
violation.
To
discuss this matter further, please contact Steven Carmer at (317) 234-4432
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 July 14, 2006 |
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Matthew
T. Klein |
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Assistant
Commissioner for |
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Compliance
& Enforcement |
cc: Sandra Siler, US EPA Region 5
Amy Fardy IDEM OLQ LUST Section, IGCN Bldg, 11th
Floor
IDEM OLC Enforcement Section, IGCN Bldg, 13th
Floor
Porter County Health Department
UST Public File, ID #8975
Enforcement File