Emergency Rules for Underground Storage Tanks (ERUST), LSA #99-126(E), 22 IR
3434 at 3443, 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 Respondent's 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 #99-126(E), 22 IR 3434 at 3459-3460, 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 Respondent's UST systems do not have release
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 not more than $10,000 for each UST for
which a required notification was not given or for which false information was submitted, and
penalties of not more than $10,000 per UST for each day of violation.
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 for review and signature.
For the Commissioner:
Signed 10/22/99
Date: _______________ _________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
cc: US EPA Region 5
Dubois
County Health Department
Deborah Rush, Office of Legal Counsel
Lori Colpaert, Office of Enforcement
Greg Carter, Office of Land Quality
Public File, FID#13998
Enforcement File
http://www.state.in.us/idem
Converted by Andrew Scriven