VIA CERTIFIED MAIL #____________________ VIA CERTIFIED MAIL #___________________
The Honorable Robert J. Bercick Walter Ruzich, Street Commissioner
Mayor of Whiting Whiting Sanitary District
1443 119th Street 1915 Front Street
Whiting, Indiana 46394 Whiting, Indiana 46394
Designated representatives of the Indiana Department of Environmental Management
(hereinafter referred to as "IDEM") conducted an inspection on March 23, 1999, at Whiting
Sanitary District, Facility ID #12819, located at 1915 Front Street, Whiting, Lake County,
Indiana (hereinafter referred to as "the Site"). The registered owner and operator of the
regulated underground storage tanks at the Site are the City of Whiting and the Whiting Sanitary
District, respectively (hereinafter referred to as "the Respondents").
During the above noted inspection, the Respondents were found in violation of :
Emergency Rules Concerning Underground Storage Tanks (ERUST), LSA #99-
61(E), 22 IR 2536 at 2545, Section 64(a) (329 IAC 9-2.1-1(a)), (1999) which
states:
All existing UST systems shall comply with one (1) of the following
requirements on or before December 22, 1998:
(1) New UST system performance standards under Section 62 (329
IAC 9-2-1).
(2) The upgrading requirements under subsections (b) through (d).
(3) Closure requirements under Section 82 through Section 86
(329 IAC 9-6-1 through 329 IAC 9-6-5), including applicable
requirements for corrective action under Section 74 through
Section 81 (329 IAC 9-5-1 through 329 IAC 9-5-8).
This violation is based on the fact that the Respondents' UST systems at the Site
do not meet the new UST system performance standards, have not been upgraded
and have not been properly closed.
ERUST, LSA #99-61(E), 22 IR 2536 at 2561, Section 88 (329 IAC 9-7-2-
(1)(B)), (1999) which states:
The owner and operator of a petroleum UST system shall provide release
detection for tanks and piping as follows:
(1) Tanks must be monitored at least every thirty (30) days for
releases using one (1) of the following methods listed in
SECTION 90(4) (329 IAC 9-7-4(4)) through SECTION 90(8)
(329 IAC 9-7-4(8)), except for the following:
(B) A UST system that does not meet the performance
standards in SECTION 62 (329 IAC 9-2-1) or SECTION
64 (329 IAC 9-2.1-1) may use:
(i) monthly inventory controls conducted under
SECTION 90(1) (329 IAC 9-7-4(1)) or SECTION
90(2) (329 IAC 9-7-4(2)); and
(ii) annual tank tightness testing conducted under
SECTION 90(3) (329 IAC 9-7-4(3));
until December 22, 1998, when the tank must be upgraded
under SECTION 64 (329 IAC 9-2.1-1)
or permanently
closed under SECTION 82 (329 IAC 9-6-1).
This violation is based on the fact that
the Respondents' UST systems at the site
do not have leak detection.
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 sixty (60)
days.
If settlement is not reached within sixty (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 13-23-14-3, the Commissioner may assess penalties of up to $10,000 per underground
storage tank for each day of 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.
To discuss this matter further, please contact Lori Colpaert at 317/232-7202 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 to you for review and signature.
FOR THE COMMISSIONER:
Signed 5/7/99
Date:_______________ _________________________
Felicia Robinson George
Assistant Commissioner
Office of Enforcement
cc: Lake County Health Department
IDEM Facility File, ID# 12819
http://www.ai.org/idem/
Converted by Andrew Scriven