VIA CERTIFIED MAIL #

    Designated representatives of the Indiana Department of Environmental Management (IDEM) have conducted an inspection and record review of Kiel Brothers Oil Company, Inc., located in Columbus , Bartholomew County, Indiana.

    327 IAC 2-6.1 applies to the reporting and containment of, and response to, spills of hazardous substances, petroleum, and other objectionable substances of a quantity, type, duration or in a location as to damage the waters of the state.

    Based on the inspections and record review conducted by the IDEM, Kiel Brothers Oil Company, Inc., was found to be in violation of the following:

1.    327 IAC 2-6.1-6, which substantively states, in part, that a petroleum spill from a mode of transportation to soil that exceeds 55 gallons must be reported .

2.    327 IAC 2-6.1-7 which substantively states , in part, that any person who operates, controls, or maintains any mode of transportation from which a spill occurs must notify IDEM's Office of Environmental Response (OER) as soon as possible, but no more than two hours after the discovery of the spill.

    At approximately 7:00 A.M. on September 30, 1998, Kiel Brothers Oil Company, Inc., reported to OER that a spill of between 200 and 500 gallons of No. 2 fuel oil had occurred at approximately 11:00 P.M. on September 29, 1998. The spill occurred when a tanker rolled over on the eastbound entrance ramp at Holt Road and Interstate 65 in Indianapolis, Marion County, Indiana. The spill report was filed with IDEM approximately eight hours after the spill occurred, in violation of 327 IAC 2-6.1-6 and 327 IAC 2-6.1-7.

    A review of OER records indicates that Kiel Brothers Oil Company, Inc., has experienced at least 27 other spills, two of which resulted in the issuance of warning letters from OER. Therefore, Kiel Brothers Oil Company, Inc., should be knowledgeable of the spill reporting requirements of 327 IAC 2-6.1.

    In accordance with IC 13-30-3-3, the Commissioner is required to notify you in writing that the Commissioner believes a violation exists and offer you 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 60 days.

    If settlement is not reached within 60 days of your receipt of this Notice, the Commissioner may issue an Order pursuant to IC 13-30-3-4, containing the actions you must take to achieve compliance, the required time frames, and an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day for any violation.

    Entering into an Agreed Order will prevent the issuance of an 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 timely 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 give you the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, you may enter into an Agreed Order without admitting that the violation occurred.

    Please contact Susan Baker at 317/233-5974 within 15 days after receipt of this Notice regarding your intent to settle this matter. If you are willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return it to the Office of Enforcement at the address listed in the letterhead within the 60-day settlement period.

                            FOR THE COMMISSIONER:

Date:              Original signed on January 4, 1999
                            Felicia Robinson George
                            Assistant Commissioner of Enforcement

Enclosure

cc:    U.S. EPA Region V, Drinking Water Section
    Marion County Health Department
    Bartholomew County Health Department

Converted by Andrew Scriven