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STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
MANAGEMENT |
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COMMISSIONER
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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v. |
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Case No.
2017-24387-U |
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HLH Investment inc., |
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Respondent. |
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AMENDMENT TO AGREED ORDER EXECUTED
FEBRUARY 28, 2018
Come
now the parties of this cause, and desiring to modify and amend the Agreed Order
executed by IDEM on February 28, 2018, hereby consent to the following
amendment to the Agreed Order of February 28, 2018.
Agreed Modification
This
Amendment shall modify the Order section of the Agreed Order executed by IDEM
on February 28, 2018. The Order section
is hereby amended to read as follows:
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 Respondent. This Agreed Order shall have no
force or effect until the Effective Date.
2.
Within sixty (60) days of the Effective Date,
Respondent shall complete and submit to IDEM State Form 45223, Notification for
Underground Storage Tanks.
3.
Within sixty (60) days of the Effective Date,
Respondent shall provide documentation showing the ATG system has been
reprogramed by a certified contractor.
4.
Within sixty (60) days of the Effective Date, Respondent
shall perform monthly release detection in accordance with the Rule and submit
the results to IDEM on a monthly basis for a period of six (6) months for
compliance monitoring.
5.
Respondent shall ensure compliance with 329 IAC
9-3-1(d). Release detection records must be maintained at the UST facility or a
readily available alternative site and be provided upon request.
6.
Respondent shall ensure compliance with
underground storage tank rules, as outlined in 329 IAC Article 9 Underground
Storage Tanks.
7.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
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Amy Elliott, Enforcement Case Manager |
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Office of Land Quality |
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Indiana Department of Environmental
Management |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
8.
This Agreed Order shall apply to and be binding
upon Respondent and its 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.
9.
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.
10.
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.
11.
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 its obligation to comply with the requirements of their applicable permits
or any applicable Federal or State law or regulation.
12.
Complainant does not, by
its 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.
13.
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.
14.
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 Respondent may incur as a result of such
communications with the EPA or any other agency or entity.
15.
This Agreed Order shall remain in effect until
IDEM issues a Resolution of Case letter to Respondent.
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TECHNICAL RECOMMENDATION: |
RESPONDENT: |
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Department of Environmental Management |
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By: _________________________ |
By: _________________________ |
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Nancy Johnston,
Section Chief |
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Enforcement
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Printed: ______________________ |
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Office of Land
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Title: ________________________ |
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Date: _______________________ |
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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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For the Commissioner: |
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___Signed
5/21/19_ |
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Peggy Dorsey, Assistant Commissioner |
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Office of
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