STATE OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT OF |
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ENVIRONMENTAL MANAGEMENT |
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COUNTY OF MARION |
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COMMISSIONER OF THE DEPARTMENT |
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OF ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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v. |
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Case No. 2018-25515-D |
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Murali CoRporation, |
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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.
Murali Corporation (Respondent) owns and/or
operates a transient
non-community public water system (PWS) with PWSID No. IN2550909, serving 504
persons at Bulk Petroleum #2743. The PWS is located at 3400 Old State Road 37 North,
Martinsville, Morgan County, Indiana (the Site).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action pursuant to IC 13-30-3.
4.
Pursuant to IC 13-30-3 et seq., IDEM issued a
Notice of Violation via Certified Mail to:
Jitendrakumar
Patel, Registered Agent |
Murali
Corporation |
3400
Old SR 37 North |
Martinsville,
IN 46151 |
5. 327 Indiana Administrative Code (IAC) 8-2-2
states each PWS shall comply with all provisions of this rule and 327 IAC 8-2.1.
6.
Pursuant to the Revised Total Coliform Rule at
327 IAC 8-2.4-1, 40 Code of Federal Regulations (CFR) 141, Subpart Y is
incorporated by reference.
7.
Pursuant to 40 CFR 141.854(b), a non-community
PWS using ground water only and serving 1,000 or fewer people must monitor for
total coliform each calendar quarter that the system provides water to the
public.
Pursuant to 40 CFR 141.860(c)(1),
failure to take every required routine or additional routine sample in a
compliance period is a monitoring violation.
IDEM records indicate Respondent failed
to monitor and report at least one total coliform sample form the PWS during
the fourth quarter of 2016 and the second quarter of 2017, each in violation of
40 CFR 141.854(b) and 40 CFR 141.860(c)(1).
8.
Pursuant to 40 CFR 141.854(f), a system on
quarterly or annual monitoring that experiences any of the events identified in
paragraphs(f)(1) through (f)(4) of this section must begin monthly monitoring
the month following the event. They system must continue monthly or quarterly
monitoring until the requirements in paragraph (g) of this section for
quarterly monitoring or paragraph (h) of this section for annual monitoring are
met.
Pursuant to 40 CFR 141.860(c)(1),
failure to take every required routine or additional routine sample in a
compliance period is a monitoring violation.
Respondent had two subpart Y monitoring
violations in a rolling 12-month period. Respondent was required to begin monthly
monitoring for total coliform in September 2017. IDEM records indicate Respondent
failed to monitor and report at least one total coliform sample from the PWS
during the months of October, November, December 2017, January, February,
April, May, and June 2018, each in violation of 40 CFR 141.854(f) and 40 CFR
141.860(c)(1).
9.
Pursuant to 40 CFR
141.861(a)(4), a system that has failed to comply with a coliform monitoring
requirement must report the monitoring violation to the State within 10 days
after the system discovers the violation, and notify the public in accordance
with 40 CFR 141 subpart Q.
Pursuant to 327 IAC 8-2.1-7, the owner or
operator of a PWS which fails to perform monitoring is required to notify
persons served by the PWS. A copy of the public notice must also be sent to the
Commissioner within 10 days after the
completion of each public notice.
IDEM records indicate that Respondent:
a. failed to notify persons
served by the PWS of the failure to monitor at least one total coliform sample
from the PWS, during the fourth quarter of 2016 and the second quarter of 2017,
each in violation of 40 CFR 141.861(a)(4) and 327 IAC 8-2.1-7; and
b. failed to notify persons
served by the PWS of the failure to monitor at least one total coliform sample
from the PWS for the months of October, November, December 2017, January,
February, April, May, and June 2018, each
in violation of 40 CFR 141.861(a)(4) and 327 IAC 8-2.1-7.
Respondent
submitted the completed public notice forms to IDEM on August 2, 2019.
10.
Respondent was sent a Notice of Violation (NOV)
and a Proposed Agreed Order on February 8, 2019, in an attempt to work
cooperatively with the Respondent, IDEM renounced the civil penalty with
stipulation that action must be taken with 15 days. Respondent failed to take
action within the required 15 days and therefore a civil penalty has been
assessed and is reflected in this Revised Proposed Agreed Order.
11.
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 through 9
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 Notice of Violation and prior to the Effective Date.
2. Beginning immediately upon the Effective
Date, Respondent shall, for the purposes of this Order, monitor and report at
least one total coliform sample in the PWS per month for six (6) consecutive
months of operation (Compliance Demonstration). During the Compliance
Demonstration period, Respondent shall be subject to stipulated penalties.
It is the responsibility of Respondent
to continue monitoring for total coliform monthly pursuant to 40 CFR 141.854(f).
3. If the results of any sample for total
coliform required by Order Paragraph 2 indicate a positive result, the
following actions shall be taken:
A. Further
analyze the positive sample for E. coli; and
B. Contact
Sandra Decastro, IDEM’s Compliance Section, Drinking Water
Branch, immediately at (317) 234-7444,
for further instructions, and complete all requirements as instructed.
Respondent
shall be subject to stipulated penalties for failure to complete any
requirements in accordance with IDEM’s notification(s), following a Maximum
Contaminant Level (MCL) exceedance.
4.
Immediately upon the
Effective Date, for future monitoring and/or reporting violations, Respondent
shall provide public notice to the State within 10 days and notify the public
pursuant to 40 CFR 141.861(a)(4).
5.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Brandi
Collignon, Enforcement Case Manager |
Office of
Water Quality – IGCN 1255 |
Indiana
Department of Environmental Management |
100 North
Senate Avenue |
Indianapolis,
IN 46204-2251 |
6.
Respondent is assessed and agrees to pay a
civil penalty of Four Hundred Five Dollars ($405). 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.”
7.
In the event the terms and conditions of the
following paragraphs are violated, Complainant may assess and Respondent shall
pay a stipulated penalty in the following amount:
Paragraph: |
Violation: |
Stipulated
Penalty: |
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Failure to
monitor and report required samples. |
$250 per
violation. |
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3 |
Failure to
comply with any or all of the requirements of this paragraph. |
$300 per
week for violation of any part of this requirement. |
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4 |
If
applicable, failure to provide public
notice. |
$250 per
week, or part thereof. |
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8.
Stipulated penalties shall be due and payable no later than the 30th day after
Respondent receives written notice that IDEM has determined a stipulated
penalty is due, the 30th day
being a “Due Date.” IDEM may notify Respondent at any time that a stipulated
penalty is due. Failure to notify Respondent in writing in a timely manner of a
stipulated penalty assessment shall not waive IDEM’s right to collect such
stipulated penalty or preclude IDEM from seeking additional relief against
Respondent for violation of this Agreed Order. Neither assessment nor payment of stipulated penalties
shall preclude IDEM from seeking
additional relief against Respondent for a violation of this Agreed Order. Such additional relief includes any remedies or sanctions available
pursuant to Indiana law,
including, but not limited to, civil penalties pursuant to IC 13-30-4.
9.
Civil and stipulated penalties are payable by
check to the “Environmental Management Special Fund.” Checks shall include the
Case Number 2018-25515-D, 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 |
10.
This Agreed Order shall apply to and be binding
upon Respondent, their 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 their
status or responsibilities under this Agreed Order.
11.
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.
12.
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.
13.
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.
14.
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 their
obligation to comply with the requirements of their applicable permits or any
applicable Federal or State law or regulation.
15.
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.
16.
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.
17.
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.
18.
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 |
Murali Corporation |
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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 August 14, 2019 |
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Martha Clark Mettler |
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Assistant Commissioner |
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Office of Water Quality |