STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2018-25480-U
					)
onkar singh, hsj petro inc., and					)
golars llc,					)
					)
Respondents.					)

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 16940, located at 309 West Emeline Street, parcel # 43-03-08-200-311.000-028, in Milford, Kosciusko 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) ten thousand (10,000) gallon gasoline UST, two (2) six thousand (6,000) gallon gasoline USTs, and one (1) two thousand (2,000) gallon diesel UST. The tanks were installed in 1990 and are steel construction with galvanic corrosion protection.

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 Kosciusko 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 21, 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 21, 2018, Respondents failed to provide accurate information on the UST notification form submitted on December 1, 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 21, 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, the 2014 UST notification was determined to be incomplete, as noted in the December 23, 2014 Incomplete Notification for UST Facility letter and again in a May 25, 2016 Violation Letter.

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 21, 2018, Respondents failed to provide a UST notification form with accurate information as requested in a December 23, 2014 Incomplete Notification for UST Facility letter and a May 10, 2018 Documentation Required for UST Owner/Operator Information and UST Notification Form Submittal letter. In an email dated May 24, 2018, Golars stated that the December 1, 2017 notification is incorrect and the September 2, 2014 notification is correct; however, the 2014 notification is still deficient as outlined in the December 23, 2014 letter.

An updated Notification for Underground Storage Tanks form was submitted on June 10, 2019.

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. Within fifteen (15) days of the Effective Date, Respondents Onkar Singh and HSJ Petro Inc. shall comply with 329 IAC 9-2-2. Specifically, Respondents shall submit to IDEM: a corrected Notification for Underground Storage Tanks form. Based on a review of the notification form submitted on June 10, 2019, the tank and sacrificial anode installation dates must be revised to reflect the date of March 26, 1990; the date reported on historical notification forms submitted in 1993, 1994, and 1998.

3. 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 30^th day being the “Due Date”.

4. 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

5. 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 8, above.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondents.

TECHNICAL RECOMMENDATION:
Department of Environmental Management					RESPONDENT:
By: _________________________					By: _________________________
	Linda L. McClure, Chief
	Land Enforcement Section				Printed: ______________________
Office of Land Quality
					Title: ________________________
Date: __________________					Date: _______________________
RESPONDENT:
					COUNSEL FOR RESPONDENT:
By: _________________________
					By: ________________________
Printed: ______________________
					Date: ______________________
Title: ________________________
					By: _________________________
Date: _______________________
				RESPONDENT:
COUNSEL FOR RESPONDENT:
				Printed: ______________________
By: ________________________
				Title: ________________________
Date: ______________________
				Date: _______________________
				COUNSEL FOR RESPONDENT:
				By: ________________________
				Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		_________	DAY OF		______________________, 20____.
					For the Commissioner:
					_Signed 8/5/19___________________
					Peggy Dorsey, Assistant Commissioner
					Office of Land Quality