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. 2018-25563-U
					)
mohamad Shouman, kayed hamad,					)
and Indiana Land Trust Company,					)
trustee for Trust #5076					)
					)
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 Mohamad Shouman, Kayed Hamad, and the Indiana Land Trust Company, Trustee for Trust #5076 (“Respondents”), which own/operate the facility with Facility ID No. 591, located at 7305 Kennedy Avenue, in Hammond, Lake County, Indiana (“Site”).

3. Respondents own and/or operate two (2) eight thousand (8,000) gallon gasoline USTs and one (1) eight thousand (8,000) gallon diesel UST. The tanks were installed in 1972 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 Mohamad Shouman, UST owner; Kayed Hamad, UST operator; Carolyn Pampenella, President of Indiana Land Trust Company; and CT Corporation System, Registered Agent for the Indiana Land Trust Company, Trustee for Trust #5076.

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 Lake County Assessor’s Office, Respondent Indiana Land Trust Company, Trustee for Trust #5076 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 an inspection on August 10, 2017 conducted by a representative of IDEM, the following violation was found:

a. Pursuant to 329 Indiana Administrative Code (“IAC”) 9-7-2(1), the owner and operator of a petroleum UST system shall provide release detection for tanks and piping as follows: (1) tanks must be monitored at least every thirty (30) days for releases.

As noted during the inspection on August 10, 2017, Respondents failed to perform release detection on USTs at the site. Monthly release detection records were not provided for each tank. Respondents provided passing release detection records for all tanks in August 2017. The regular tank was also documented as passing in June and February of 2017. The diesel tank passed release detection testing in June 2017. The premium tank was only documented as passing in August 2017.

Respondents submitted tank tightness testing results dated September 19, 2017. The testing documentation for two (2) eight thousand (8,000) gallon gasoline USTs and one (1) eight thousand (8,000) gallon diesel UST showed passing results. In addition, piping and line leak detector testing was conducted on July 31, 2018 and reported as passing. Six months of passing release detection results were submitted, reviewed, and 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 one thousand one hundred dollars ($1,100.00). Respondents are jointly and severally liable for all civil penalty assessments, including stipulated penalties. Said penalty amount shall be due and payable to the Underground Petroleum Storage Tank Trust Fund in four (4) quarterly payments. The first payment of two hundred seventy-five dollars ($275.00) shall be due and payable within thirty (30) days of the Effective Date; the 30^th day being the “Due Date”. Each subsequent payment of two hundred seventy-five dollars ($275.00) shall be due and payable on a quarterly basis thereafter.

3. The civil penalty is 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

Indianapolis, IN 46204

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 3, 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:
Department of Environmental Management				RESPONDENT:
By: _________________________				By: _________________________
	Linda L. McClure, Section Chief
	Enforcement Section			Printed: ______________________
Office of Land Quality
				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 10/1/19__________________
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality