STATE
OF INDIANA |
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BEFORE
THE INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. Marathon Pipe line Company, 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.
Marathon
Pipe Line Company (Respondent), owns/operates an 8-inch
pipeline that transport product within its pipeline system. The pipeline
travels near the 9000 block of N Knightsville Crawford Street with specific
coordinates 39.520707, latitude and -87.084682 longitude, Knightsville, Clay
County, Indiana (the Site).
3.
On
April 2, 2019, Respondent reported the release of 4,160 gallons of natural
gasoline from an 8-inch products pipeline near milepost 195 in the pipeline
right-of-way. State waters were impacted
by the spill including an unnamed tributary of Billy Creek.
4.
IDEM
has jurisdiction over the parties and the subject matter of this action pursuant
to IC 13-30-3.
5.
Pursuant
to IC 13-30-3-3, IDEM issued a Notice of Violation (NOV) via Certified
Mail/personal service to:
M.
E. Peters, President |
Registered
Agent |
Marathon Pipe Line Company |
C T
Corporation System |
539 South
Main St. |
36 South
Pennsylvania Street |
Findlay,
OH 45875 |
Suite 700 |
|
|
Kristen Schnipke |
|
Environmental
Supervisor |
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Marathon Pipe Line Company |
|
539 South
Main St. |
|
Findlay,
OH 45875 |
|
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 4,160 gallons of natural gasoline
into an unnamed tributary of Billy Creek, in violation of 327 IAC 5-2-2.
8.
Pursuant to 13-18-4-5, a person may not: (1) throw, run,
drain, or otherwise dispose; or (2) cause, permit, or suffer to be thrown, run,
drained, allowed to seep, or otherwise disposed; into any of the streams or
waters of Indiana any organic or inorganic matter that causes or contributes to
a polluted condition of any of the streams or waters of Indiana.
Pursuant to IC 13-30-2-1(1), it is
unlawful for any person to discharge, emit, cause or allow any contaminant or
waste, including any noxious odor, either alone or in combination with
contaminants from other sources in 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.
Pursuant to 327 IAC 2-1-6(a)(1), all
surface waters at all times and at all places, including 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 color, visible oil sheen, odor, or 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 create a nuisance, be unsightly, or otherwise impair the
designated uses; and
e. are in amounts
sufficient to be acutely toxic to, or to otherwise severely injure or kill
aquatic life, other animals
On
April 2, 2019, 4,160 gallons of natural gasoline was released to a tributary of
Billy Creek and Billy Creek as a result of a fracture
from Respondent’s pipeline. IDEM
documented that the release caused a fish kill causing a violation of 327 IAC
2-1-6, IC 13-18-4-5, and IC 13-30-2-1.
9.
On June
7, 2019, IDEM sent an Information Request Letter to the Respondent seeking
information on the spill. A Response
Letter dated August 8, 2019, was received by IDEM with the information
requested in the Information Request Letter.
10.
Orders
of the Commissioner are subject to administrative review by the Office of
Environmental Adjudication under IC 4-21.5; however, in recognition of the
settlement reached, Respondent acknowledges notice of this right and 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 through 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.
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 Three
Thousand Five Hundred Ninety-Six Dollars ($3,596). 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.”
4.
Respondent
is assessed and agrees to pay a civil penalty of Thirty Two
Thousand Two Hundred Fifty Dollars ($32,250). 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.”
5.
Civil
penalty and response or remedial action costs are payable by check. Checks shall include the Case Number 2020-27154-W
of this action and shall be mailed to:
Indiana
Department of Environmental Management |
Accounts
Receivable |
IGCN, Room
1340 |
100 North
Senate Avenue |
Indianapolis,
Indiana 46204 |
6.
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.
7.
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.
8.
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.
9.
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.
10.
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.
11.
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.
12.
Nothing
in this Agreed Order shall prevent or limit IDEM’s rights to recover
compensation for damages to natural resources, obtain penalties or injunctive
relief under any applicable Federal or State law or regulation.
13.
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.
14.
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 |
Marathon Pipe Line
Company |
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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 November 12, 2020 |
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Martha
Clark Mettler |
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Assistant
Commissioner |
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Office
of Water Quality |