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NOTICE OF VIOLATION
        
    Via Certified Mail#

To:    Steuben Township Volunteer Fire Department
    Attn: Shane Taylor, Chief
    1445 West Main Street
    Pleasant Lake, IN 46779

Case No. 1999-8659-S

    Based on an investigation by a designated representative of the Indiana Department of Environmental Management (IDEM) on October 27, 1999, Steuben Township Volunteer Fire Department, located at 1445 West Main Street, Pleasant Lake, Steuben County, Indiana, (the "Site") is in violation of the following environmental rules :

    A.    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. This violation is based on the fact that a UST system at the Site is not registered with IDEM.

    B.    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. This violation is based on the fact that the UST system at the Site is not properly upgraded regarding corrosion protection, spill and overfill prevention and are not properly closed.

    C.    Pursuant to 329 IAC 9-7-1(a), all owners and operators of new and existing UST systems shall provide a method, or combination of methods, of release detection. This violation is based on the fact that the UST system at the Site does not have adequate leak detection.

    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 Jennifer Fajt at (317)233-3831 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 on 1/21/00
Date:    _______________                _________________________
                            Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement

cc:    US EPA Region 5
    Steuben County Health Department
    UST Public File, FID# 24233
    http://www.state.in.us/idem

    

Converted by Andrew Scriven