STATE OF
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BEFORE THE
INDIANA DEPARTMENT OF |
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COUNTY OF
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ENVIRONMENTAL
MANAGEMENT |
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COMMISSIONER
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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Case No.
2018-25478-U |
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onkar singh, hsj petro inc., and |
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golars llc, |
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Respondents. |
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AGREED ORDER
Complainant
and Respondents 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 IC 13-30-3-3, entry into the
terms of this Agreed Order does not constitute an admission of any violation
contained herein. Respondents’ entry into this Agreed Order shall not
constitute a waiver of any defense, legal or equitable, which Respondents 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 Indiana Code (“IC”) 13-13-1-1.
2.
Respondents are Onkar
Singh, HSJ Petro Inc., and Golars LLC
(“Respondents”). Onkar Singh and HSJ Petro Inc. own
and/or operate Underground Storage Tank (“UST”) systems, with UST Facility ID
22605, located at 68490 State Road 15, parcel # 20-15-09-253-011.000-018, in
New Paris, Elkhart County, Indiana (the “Site”). Respondent Golars
LLC has Power of Attorney for Respondent Onkar Singh
and has been submitting paperwork to IDEM on behalf of Respondent Onkar Singh.
3.
Respondents Onkar
Singh and HSJ Petro Inc. own and/or operate one (1) twelve thousand (12,000)
gallon gasoline UST, one (1) eight thousand (8,000) gallon gasoline UST, and
one (1) two thousand (2,000) gallon kerosene UST. The tanks were installed in
1996 and are fiberglass construction.
4. IDEM has jurisdiction over the parties
and the subject matter of this action.
5.
Pursuant to IC 13-30-3-3, IDEM issued a Notice
of Violation (NOV) via Certified Mail to Onkar Singh,
individually; Onkar Singh, Registered Agent for HSJ
Petro Inc.; Golars LLC; and J. Lee Robbins,
Registered Agent for Golars LLC.
6.
Owner as defined in IC 13-11-2-150(a)(1)(A)
means, for an UST that was in use on November 8, 1984 or brought into use after
November 8, 1984 for the storage, use, or dispensing of regulated substances, a
person who owns the UST or the real property that is the UST site, or both. According
to the Elkhart County Assessor’s Office, Respondent Onkar
Singh is the owner of the Site.
7.
All rule citations herein refer to the rule in
effect at the time of the file review unless otherwise noted.
8.
During an investigation including a record review
conducted by a representative of IDEM on February 20, 2018, the following
violations were found:
a. Pursuant to Indiana Code 13-23-14-2(1), a
person who violates a rule adopted under IC 12-23-1-2 by: (1) knowingly failing
to give a required notification; or (2) submitting false information; is
subject to a civil penalty of not more than ten thousand dollars ($10,000) for
each underground storage tank for which a required notification is not given or
for which false information is submitted.
Based on a file review conducted
February 20, 2018, Respondents failed to provide accurate information on the
UST notification forms submitted in 2011, 2014, and 2017.
b. Pursuant to 329 Indiana Administrative
Code (“IAC”) 9-2-2 (d), an owner required to submit notice under this section
shall provide all the information required by the form provided by the agency
for each tank for which notice is submitted.
Based on a file review conducted
February 20, 2018, Respondents Onkar Singh and HSJ
Petro Inc. failed to provide a complete and accurate UST notification form.
Incorrect information was submitted on the December 1, 2017 UST notification
form. In addition, multiple discrepancies exist between the 2011, 2014, and
2017 notification forms.
c.
Pursuant to 329 IAC 9-3-1(a), the owner and
operator of an UST system shall cooperate fully with inspections as well as the
requests for document submissions.
Based on a file review conducted
February 20, 2018, Respondents failed to provide supporting documentation
necessary to clarify the UST notification form discrepancies identified in a
letter dated May 10, 2018.
An updated Notification for Underground
Storage Tanks form was submitted on May 4, 2019. Based on a review of the
documentation submitted, the notification form is approved.
9.
In recognition of the settlement reached,
Respondents waive 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 approved by Complainant or Complainant’s
delegate, and has been received by Respondents. This Agreed Order shall have no
force or effect until the Effective Date.
2. Respondents are assessed and agree to pay
a civil penalty of eight hundred eighty dollars ($880.00). Respondents are
jointly and severally liable for all civil penalty assessments. Said penalty amount shall be due and
payable to the Underground Petroleum Storage Tank Trust Fund within thirty (30)
days of the Effective Date; the 30th day being the “Due Date”.
3. Civil penalties are payable by check to
the “Underground Petroleum Storage Tank Trust Fund.” Checks shall include the Case Number of this
action and shall be mailed to:
Indiana Department of Environmental
Management |
Accounts Receivable |
IGCN, Room 1340 |
100 North Senate Avenue |
4.
In the event that the monies due to IDEM
pursuant to this Agreed Order are not paid on or before their Due Date,
Respondents shall pay interest on the unpaid balance 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 Respondents pay any unpaid balance. Such interest shall be payable to the
Underground Petroleum Storage Tank Trust Fund, and shall be payable to IDEM in
the manner specified in Paragraph 9, above.
5.
This Agreed Order shall apply to and be binding
upon Respondents and their successors and assigns. Respondents’ 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 Respondents shall in any way alter their status or
responsibilities under this Agreed Order.
6.
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.
7.
Respondents shall provide a copy of this Agreed
Order, if in force, to any subsequent owners or successors before ownership
rights are transferred. Respondents
shall ensure that all contractors, firms and other persons performing work
under this Agreed Order comply with the terms of this Agreed Order.
8.
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 Respondents
pursuant to this Agreed Order, shall not in any way relieve Respondents of
their obligation to comply with the requirements of their applicable permits or
any applicable Federal or State law or regulation.
9.
Complainant does not, by its approval of this
Agreed Order, warrant or aver in any manner that Respondents’ 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 Respondents may incur as a result of Respondents’ efforts to comply
with this Agreed Order.
10.
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 NOV.
11.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the 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
Respondents may incur as a result of such communications with the EPA or any
other agency or entity.
12.
This Agreed Order shall remain in effect until
IDEM issues a Resolution of Case letter to Respondents.
TECHNICAL RECOMMENDATION: |
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Department of Environmental Management |
RESPONDENT: |
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By: _________________________ |
By:
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Linda L. McClure, Chief |
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Land Enforcement Section |
Printed: ______________________ |
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Office of Land Quality |
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Title: ________________________ |
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Date: __________________ |
Date: _______________________ |
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RESPONDENT: |
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COUNSEL FOR RESPONDENT: |
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By:
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By: ________________________ |
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Printed: ______________________ |
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Date: ______________________ |
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Title: ________________________ |
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By:
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Date: _______________________ |
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RESPONDENT: |
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COUNSEL FOR
RESPONDENT: |
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Printed:
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By: ________________________ |
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Title:
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Date:
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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
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For the
Commissioner: |
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____Signed 8/5/19________________ |
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Peggy Dorsey, Assistant Commissioner |
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Office of
Land Quality |
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