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. 2011-19704-S
					)
Varinder sahi & Kular Malkial singh					)
d/b/a hoosier pete,					)
					)
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 Varinder Sahi and Kular Malkiat Singh d/b/a Hoosier Pete (“Respondents”), who own and/or operate the Underground Tank Storage (“UST”) system with UST Facility I.D. Number 5588 located at 3401 East Memorial Drive in Muncie, Delaware County, Indiana (“Site”).

3. IDEM has jurisdiction over the parties and the subject matter of this action.

4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (NOV) via Certified Mail to:

Kular Malkiat Singh	Varinder Sahi, Owner
d/b/a Hoosier Pete	d/b/a Hoosier Pete
3401 East Memorial Drive	6315 W. Washington Street
Muncie, Indiana 47302	Indianapolis, Indiana 46341

5. During an investigation including inspections conducted on September 29, 2010 and December 27, 2010 by a representative of IDEM, the following violations were found:

a. Pursuant to 329 IAC 9-7-2(2)(A), underground piping that conveys regulated substances under pressure must: (i) be equipped with an automatic line leak detector under section 5(1) of this rule; and (ii) have an annual line tightness test conducted under 5(2) of this rule or have monthly monitoring conducted under section 5(3) of this rule.

As noted during the investigation, Respondents failed to perform an annual line tightness test on the underground piping.

b. Pursuant to 329 IAC 9-7-5(1), an annual test of the operation of the automatic line leak detector must be conducted in accordance with the manufacturer’s requirements.

As noted during the investigation, Respondents failed to perform an annual test of the automatic line leak detector.

c. Pursuant to 329 IAC 9-2.1-1(b)(2)(B), if a steel tank is upgraded by internal lining, within one (1) year after lining, and every five (5) years thereafter, the lining and tank must be internally inspected and found to be structurally sound with the lining and tank still performing in accordance with requirements under 329 IAC 9-3.1-4.

As noted during the investigation, Respondents failed to inspect the internal lining of the underground storage tanks at the site as required by 329 IAC 9-2.1-1(b)(2)(B).

d. Pursuant to 329 IAC 9-2-1(2)(B) and (C), metal piping that routinely contains regulated substances and is in contact with the ground must be properly designed, constructed, and protected from corrosion as specified in that: (1) The piping is constructed of steel and cathodically protected in the manner specified by 329 IAC 9-2-1(2)(B); or (2) The piping is constructed of metal without additional corrosion protection measures provided that additional requirements as specified in 329 IAC 9-2-1(2)(C) are completed.

As noted during the investigation, Respondents failed to provide corrosion protection for the metal piping located underneath the premium gasoline dispenser.

6. Respondents submitted documentation which verified that the Site is now in compliance with the observed violations, i.e., 329 IAC 9-7-2(2)(A), 329 IAC 9-7-5(1), 329 IAC 9-2.1-1(b)(2)(B), and 329 IAC 9-2-1(2)(B) and (C),

7. 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.

Respondents shall comply with 329 IAC 9-7-2(2)(A), 329 IAC 9-7-5(1), 329 IAC 9-2.1-1(b)(2)(B), and 329 IAC 9-2-1(2)(B) and (C).

2. Respondents are jointly and severally liable for a civil penalty of Six Thousand Nine Hundred Dollars ($6,900). Said penalty amount shall be paid in two installments. The first payment in the amount of Three Thousand Four Hundred and Fifty Dollars ($3,450) 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”. The second payment in the amount of Three Thousand Four Hundred and Fifty Dollars ($3,450) shall be due and payable to the Underground Petroleum Storage Tank Trust Fund within sixty (60) days of the Effective Date; the 60^th day being the “Due Date”.

3. 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

Cashier – Mail Code 50-10C

100 North Senate Avenue

Indianapolis, IN 46204-2251

4. In the event that the money due IDEM pursuant to this Agreed Order is not paid on or before the 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 an 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 jointly and severally 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 permit 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:					RESPONDENT:
Department of Environmental Management
By: _________________________					By: _________________________
	Nancy Johnston, Section Chief
	Enforcement Section				Printed: ______________________
Office of Land Quality
					Title: ________________________
Date: __________________					Date: _______________________
COUNSEL FOR COMPLAINANT:					COUNSEL FOR RESPONDENT:
For the Department of Environmental Management
By: ________________________					By: ________________________
	Deputy Attorney General
Date: _______________________					Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		_________	DAY OF		___________________,	2012.
				For the Commissioner:
				Signed on January 19, 2012
				Bruce H Palin
				Assistant Commissioner
				Office of Land Quality