STATE
OF INDIANA |
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BEFORE
THE INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. Buckeye Pipe Line Company, LP, Respondent. |
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AGREED ORDER
Complainant and
Respondent desire to settle and compromise this action without hearing or
adjudication of any issue of fact or law, and consent to the entry of the
following Findings of Fact and Order. Pursuant to Indiana Code (IC) 13-30-3-3,
entry into the terms of this Agreed Order does not constitute an admission of
any violation contained herein. Respondent's entry into this Agreed Order shall
not constitute a waiver of any defense, legal or equitable, which Respondent
may have in any future administrative or judicial proceeding, except a
proceeding to enforce this order.
I. FINDINGS OF FACT
1.
Complainant
is the Commissioner (Complainant) of the Indiana Department of Environmental
Management (IDEM), a department of the State of Indiana created by IC
13-13-1-1.
2.
Buckeye
Pipe Line Company, LP (Respondent), operates an 8-inch diameter pipeline that
connects its Huntington, Indiana terminal to its Lima, Ohio terminal. A portion of the pipeline, identified as Line
402, crosses the Saint Mary’s River with coordinates 40.8400240 latitude and
-84.9280090 longitude near the City of Decatur, Indiana in Adams County (the
Site).
3.
IDEM
has jurisdiction over the parties and the subject matter of this action
pursuant to IC 13-30-3.
4.
On
September 7, 2018, Buckeye Pipe Line Company, LP reported to the National
Response Center (NRC#1223952), the release of 7,560 gallons of jet fuel from
their pipeline identified as Line 402 located at Latitude: 40.8400240,
Longitude: -84.9280090, near Decatur in Adams County. The release occurred within the stream bed of
the Saint Mary’s River while crews from Buckeye Pipe Line Company, LP were working
on an adjacent pipeline. On September 8,
2018, Buckeye Pipeline Company, Inc. revised the amount of the release to 8,190
gallons.
5.
Pursuant
to IC 13-30-3-3, IDEM issued a Notice of Violation (NOV) via Certified
Mail/personal service to:
Katherine
Zeth, Director |
Health,
Safety, Security, and Environment |
Buckeye Pipe
Line Company, LP |
5 Tek Park |
9999 Hamilton
Blvd. |
Breiningsville,
PA 18031 |
6.
During
an investigation conducted by a representative of IDEM, violations were found,
as described below.
7.
Pursuant
to 327 IAC 5-2-2, any discharge of pollutants into waters of the State as a
point source discharge, is prohibited unless in conformity with a valid
National Pollutant Discharge Elimination System (NPDES) permit obtained prior
to the discharge.
Respondent
had an unpermitted discharge of an estimated 8,190 gallons of jet fuel, into
the Saint Mary’s River, in violation of 327 IAC 5-2-2.
8.
Pursuant
to 327 IAC 2-1-6, all surface waters at all times and at all places, including
waters within the mixing zone, shall meet the minimum conditions of being free
from substances, materials, floating debris, oil, or scum attributable to
municipal, industrial, agricultural, and other land use practices, or other
discharges that do any of the following:
(A)
Will
settle to form putrescent or otherwise objectionable deposits.
(B)
Are
in amounts sufficient to be unsightly or deleterious.
(C)
Produce:
(i) color; (ii) visible oil sheen; (iii) odor; or (iv) other conditions; in
such degree as to create a nuisance.
(D)
Are in concentrations or combinations that will cause or
contribute to the growth
of aquatic plants or algae
to such degree as to: (i) create
a nuisance; (ii) be unsightly; or (iii) otherwise
impair the designated uses.
(E)
Are
in amounts sufficient to be acutely toxic to, or to otherwise severely injure
or kill, aquatic life, other animals, plants, or humans.
Pursuant to IC
13-18-4-5, a person may not throw, run, drain, or otherwise dispose into any of
the streams or waters of Indiana or cause, permit, or suffer to be thrown, run,
drained, allowed to seep, or otherwise disposed into any waters, any organic or
inorganic matter that causes or contributes to a polluted condition of any
waters.
Pursuant to IC 13-30-2-1, a
person may not discharge, emit, cause, allow, or threaten to discharge, emit,
cause, or allow any contaminant or waste, including any noxious odor either alone
or in combination with contaminants from other sources, into the environment in
any form that causes or would cause pollution that violates or would violate
rules, standards, or discharge or emission requirements adopted by the
appropriate board under the environmental management laws.
A
visible sheen was observed on the surface of the Saint Mary’s River near the
incident scene and a light sheen was observed up to 12 miles downriver. Odors
from the spilled jet fuel resulted in the closing of nearby businesses due to
the strong odors. The City of Decatur
shut down its well intake located 300 feet from the incident location. The
release of jet fuel into the Saint Mary’s River, is in violation of 327 IAC
2-1-6, IC 13-18-4-5, and IC 13-30-2-1.
9.
In
recognition of the settlement reached, Respondent waives any right to
administrative and judicial review of this Agreed Order.
II. ORDER
1.
This
Agreed Order shall be effective (Effective Date) when it is adopted by
Complainant or Complainant’s delegate (as evidenced by signature), and the
adopted Agreed Order has been received by Respondent. This Agreed Order shall
have no force or effect until the Effective Date. In addition to addressing the
violations cited in Paragraphs 7 and 8 of the Findings of Fact above, this
Agreed Order also addresses any additional violations of these same rules that
may have occurred subsequent to the issuance of the NOV and prior to the
Effective Date.
2.
Respondent
shall comply with rules and statutes listed in the findings above at issue.
3.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
Patrick
Colcord, Enforcement Case Manager |
Office
of Water Quality – IGCN 1255 |
Indiana
Department of Environmental Management |
100
North Senate Avenue |
Indianapolis,
IN 46204-2251 |
4.
Respondent
is liable to IDEM for the reasonable costs of any response or remedial action
taken, under authority of IC 13-24-1-4. IDEM has determined this amount to be
Nine Thousand Seventy Two Dollars ($9,072). Said amount shall be due and
payable to the Hazardous Substances Response Trust Fund within 30 days of the
Effective Date; the 30th day being a “Due Date.”
5.
Respondent
is assessed and agrees to pay a civil penalty of Twenty Two Thousand Five Hundred
Dollars ($22, 500). Said penalty amount shall be due and payable to the
“Environmental Management Special Fund” within 30 days of the Effective Date,
the 30th day being a “Due Date.”
6.
Civil
penalty is payable by check to the “Environmental Management Special Fund.” Checks
shall include the Case Number 2018-25654-W of this action and shall be mailed
to:
Indiana
Department of Environmental Management |
Accounts
Receivable |
IGCN, Room
1340 |
100 North
Senate Avenue |
Indianapolis,
IN 46204 |
7.
This
Agreed Order shall apply to and be binding upon Respondent, its successors and
assigns. Respondent’s signatories to this Agreed Order certify that they are
fully authorized to execute this Agreed Order and legally bind the party they
represent. No change in ownership, corporate, or partnership status of
Respondent shall in any way alter its status or responsibilities under this
Agreed Order.
8.
In
the event that the monies due to IDEM pursuant to this Agreed Order are not
paid on or before their Due Date, Respondent shall pay interest on the unpaid
balance and any accrued interest at the rate established by IC 24-4.6-1. The
interest shall be computed as having accrued from the Due Date until the date
that Respondent pays any unpaid balance. The interest shall continue to accrue
on the first of each month until the civil penalty and any interest accrued are
paid in full. Such interest shall be payable to the “Environmental Management
Special Fund,” and shall be payable to IDEM in the manner specified above.
9.
In
the event that any terms of this Agreed Order are found to be invalid, the
remaining terms shall remain in full force and effect and shall be construed
and enforced as if this Agreed Order did not contain the invalid terms.
10.
Respondent
shall provide a copy of this Agreed Order, if in force, to any subsequent
owners or successors before ownership rights are transferred. Respondent shall
ensure that all contractors, firms and other persons performing work under this
Agreed Order comply with the terms of this Agreed Order.
11.
This
Agreed Order is not and shall not be interpreted to be a permit or a
modification of an existing permit. This Agreed Order, and IDEM’s review or
approval of any submittal made by Respondent pursuant to this Agreed Order,
shall not in any way relieve Respondent of its obligation to comply with the
requirements of its applicable permits or any applicable Federal or State law
or regulation.
12.
Complainant
does not, by his approval of this Agreed Order, warrant or aver in any manner
that Respondent’s compliance with any aspect of this Agreed Order will result
in compliance with the provisions of any permit, order, or any applicable
Federal or State law or regulation. Additionally, IDEM or anyone acting on its
behalf shall not be held liable for any costs or penalties Respondent may incur
as a result of Respondent’s efforts to comply with this Agreed Order.
13.
Nothing
in this Agreed Order shall prevent or limit IDEM’s rights to obtain penalties
or injunctive relief under any applicable Federal or State law or regulation,
except that IDEM may not, and hereby waives its right to, seek additional civil
penalties for the same violations specified in the Notice of Violation.
14.
Nothing
in this Agreed Order shall prevent IDEM (or anyone acting on its behalf) from
communicating with the United States Environmental Protection Agency (US EPA)
or any other agency or entity about any matters relating to this enforcement
action. IDEM or anyone acting on its behalf shall not be held liable for any
costs or penalties Respondent may incur as a result of such communications with
the US EPA or any other agency or entity.
15.
This
Agreed Order shall remain in effect until Respondent has complied with the
terms and conditions of this Agreed Order and IDEM issues a Resolution of Case
(close out) letter to Respondent.
REMAINDER
OF PAGE INTENTIONALLY LEFT BLANK.
TECHNICAL
RECOMMENDATION: |
RESPONDENT: |
Department
of Environmental Management |
Buckeye Pipe Line Company, LP |
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By:__________________________ |
By:________________________ |
Samantha K.
Groce, Chief |
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Water
Enforcement Section |
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Surface Water, Operations & |
Printed:_____________________ |
Enforcement Branch |
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Office of Water Quality |
Title:_______________________ |
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Date:________________________ |
Date:_______________________ |
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COUNSEL
FOR RESPONDENT: |
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By:________________________ |
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Date:______________________ |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
THIS ___________ DAY OF ________________, 20___. |
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For
The Commissioner: |
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Signed on September
30, 2019 |
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Martha
Clark Mettler |
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Assistant
Commissioner |
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Office
of Water Quality |