STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
OF THE DEPARTMENT |
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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Case No. 2019-26453-U |
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2 SINGH INC./amandeep singh, |
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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 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. 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 IC 13-13-1-1.
2.
Respondents are 2 Singh Inc. and Amandeep Singh
(“Respondents”), which own and operate the gas/convenience store with Facility
ID No. 11646, located at 4301 S Cleveland Avenue, parcel #
45-08-29-476-001.000-001 in Gary, Lake County, Indiana (“Site”).
3.
Respondents own and operate three (3) active
USTs:
1 x 8,000 gallon
regular gasoline double walled fiberglass tank-installed 10/15/96
1 x 10,000 gallon
premium gasoline double walled fiberglass tank-installed 10/15/96
1 x 1,000 gallon
kerosene steel tank and piping, piping is suction-installed 8/31/88
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:
Amandeep
Singh, President |
Amandeep
Singh, Registered Agent for |
2
Singh Inc |
2
Singh Inc. |
1933
Somerset Drive |
1933
Somerset Drive |
Munster,
Indiana 46321 |
Munster,
Indiana 46321 |
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 is the owner of the Site. Respondents purchased the Site on April 8,
2002.
7.
A Violation Letter was issued to Respondents on
August 13, 2019 which required Respondents to submit a Notification form within
seven (7) days of receipt of the Violation Letter. Respondents failed to respond to the
Violation Letter.
8.
During an investigation including a record
review on August 13, 2019 conducted by a representative of IDEM, the following
violations were found:
a. Pursuant to 329 Indiana Administrative
Code (“IAC”) 9-3-1:
(a) The owner
and operator of an UST system shall cooperate fully with inspections,
monitoring, and testing conducted by the agency, as well as requests for
document submission, testing, and monitoring by the owner or operator under
Section 9005 (42 U.S.C. 6991d) of the Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901, et
seq., in effect on September 30, 1996.
(b) The owner
and operator shall submit the following information to the agency:
(1) Notification
for all UST systems under 329 IAC 9-2-2 that includes the following:
(A) Certification
of installation for new UST systems under 40 CFR 280.20(e).
(B) Locational
information within an accuracy of 1:24,000, plus or minus forty (40) feet, or
plus or minus twelve and two-tenths (12.2) meters in any of the following
formats, if known:
(i) Universal transverse mercator
(UTM) coordinates.
(ii) Latitude
and longitude coordinates.
(iii) UTM coordinates and latitude and
longitude coordinates.
Based on the record review, a Violation
Letter issued to Respondents on August 13, 2019 required
Respondents
to fill out and submit to IDEM, a Notification
for Underground Storage Tank Form, within seven (7) days of receipt of the Violation
Letter. To date, a notification signed by
Respondents as UST owner and operator has not been submitted to IDEM
b. Pursuant to 329 IAC 9-2-2(c) an owner
required to submit a notification under this section shall provide: (1) a notification
for each UST owned; (2) complete information required on the form for each UST
owned; and (3) if applicable, a separate notification form for each separate
place of operation at which the USTs are located.
Based on the record review, the form
provided did not include complete information for each UST. To date, a corrected notification signed by
Respondents as UST owner and operator has not been submitted to IDEM.
9. 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, Respondents
acknowledge 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 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 shall comply with the rules listed
in the findings above.
3.
Within fifteen (15) days of the Effective Date,
Respondents shall download State Form 45223 (update owner/operator info) from
IDEM webpage: https://www.in.gov/idem/5157.htm, under “Underground
Storage Tank (UST) Program.” Once
downloaded the form may be completed on-line or by hand and emailed to USTRegistration@idem.in.gov. The
completed form will not be accepted by mail.
4. All submittals required by this Agreed
Order, unless Respondents are notified otherwise in writing by IDEM, shall be
sent to:
Jodi Pisula, Enforcement Case Manager |
Office of Land Quality |
Indiana Department of Environmental
Management |
100 North Senate Avenue |
Indianapolis, IN 46204-2251 |
5. Pursuant to IC 13-30-4-1, Respondents
are assessed and agree to pay a civil penalty of Eight Hundred Dollars ($800.00).
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” within thirty (30) days of
the Effective Date; the thirtieth day being the “Due Date.”
6. In the event the terms and conditions
of the following paragraphs are violated, Complainant may assess
and Respondents shall pay a stipulated penalty in the following amount:
Paragraph |
Penalty |
Order
paragraph #3 |
$100 per
week late |
7. Stipulated penalties shall be due and
payable no later than the thirtieth day after Respondents receive written
notice that Complainant has determined a stipulated penalty is due; the
thirtieth day being the “Due Date.” Complainant may notify Respondents at any
time that a stipulated penalty is due. Failure to notify Respondents in writing
in a timely manner of a stipulated penalty assessment shall not waive
Complainant’s right to collect such stipulated penalty or preclude Complainant
from seeking additional relief against Respondents for violation of this Agreed
Order. Neither assessment nor payment of stipulated penalties shall preclude
Complainant from seeking additional relief against Respondents 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.
8. Civil and stipulated 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 |
Indianapolis, IN 46204 |
9.
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.
10. Signatories to this Agreed Order certify
that they are fully authorized to execute this Agreed Order and legally bind
the party they represent.
11.
This Agreed Order shall apply to and be binding
upon Respondents and all successors and assigns. Respondents shall provide a
copy of this Agreed Order, if in force, to any subsequent owners, successors,
or assigns before ownership rights are transferred.
12.
No change in ownership, corporate, or partnership
status of Respondents shall in any way alter the Respondents’ status or
responsibilities under this Agreed Order.
13.
Respondents shall ensure that all contractors,
firms, and other persons performing work under this Agreed Order comply with
the terms of this Agreed Order.
14.
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.
15.
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 the obligation to
comply with the requirements of any applicable permits or any applicable
Federal or State laws or regulations.
16.
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.
17.
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 violation
specified in the NOV.
18.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the U.S. Environmental
Protection Agency (U.S. 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 U.S. EPA or any other agency or entity.
19.
This Agreed Order shall remain in effect until
IDEM issues a Resolution of Case letter to Respondents.
TECHNICAL RECOMMENDATION: |
RESPONDENT |
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Department of Environmental Management |
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By: _________________________ |
By:
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Jennifer
Reno, Section 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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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 |
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DAY
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For the Commissioner: |
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Signed
8/14/2020 |
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Peggy Dorsey, Assistant Commissioner |
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Office of
Land Quality |
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