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. 2017-24416-U
					)
A&R Inc., and syed s. Ali,					)
					)
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 A&R Inc. and Syed S. Ali (“Respondents”), which own and/or operate the facility with Facility ID No. 11142, located at 6 West Hill Street, Parcel # 85-14-11-304-033.000-009, in Wabash, Wabash County, Indiana (“Site”).

3. Respondents own and/or operate two (2) 5,000 gallon and two (2) 4,000 gallon underground storage tanks (“USTs”) each installed in 1989. This facility has been non-operational for an undetermined period of time.

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:

Syed S. Ali	Sajida Ali, Registered Agent for
11987 Bird Key Blvd.	A&R Inc.
Fishers, IN 46037	11987 Bird Key Blvd.
	Fishers, IN 46037

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 Wabash County Assessor’s Office, Respondent A&R Inc. is the owner of the Site. According to the most recent UST notification, Syed Ali registered ownership by phone on September 2, 2010.

7. A Violation Letter was issued to Respondents on March 30, 2017 which required Respondents to submit a Notification form within thirty (30) days of receipt of the Violation Letter. Respondents failed to respond to the Violation Letter.

8. During an investigation, including an inspection on January 31, 2017 and a record review conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 329 Indiana Administrative Code (IAC) 9-2-2(a), all notifications required to be submitted under this section must be submitted on a form prescribed by the commissioner; (b) any person who owns an UST system or tank shall, within thirty (30) days of owning such an UST system or tank or bringing such tank or UST system into use, submit notice to the agency to register the tank or UST system. Bringing a tank or UST system “into use” means the tank or UST system contains or has contained a regulated substance and has not been closed under 329 IAC 9-6; and (d) an owner required to submit notice under this section shall provide all the information required by the form provided by the agency for each tank for which notice is submitted.

As noted during the investigation, Respondents as owners of the UST and/or the real property that is the UST Site, failed to submit notice to IDEM on the form prescribed by the commissioner within thirty (30) days of owning the UST system. A Violation Letter issued to Respondents on March 30, 2017 required Respondents to fill out and submit to IDEM, a complete copy of State Form 45223, Notification for Underground Storage Tank Form, within thirty (30) days of receipt of the Violation Letter. The notification on State Form 45223 provided by Respondents was received by IDEM on December 27, 2017.

b. Pursuant to 329 IAC 9-3-1(a), the owner and operator of an UST shall cooperate fully with inspections as well as requests for document submission.

As noted during the investigation, a Violation Letter issued to Respondents on March 30, 2017 required Respondents to fill out and submit to IDEM, a complete copy of State Form 45223, Notification for Underground Storage Tank Form, within thirty (30) days of receipt of the Violation Letter. The notification on State Form 45223 provided by Respondents was received by IDEM on December 27, 2017.

c. Pursuant to 329 IAC 9-3-1(d), the owner and operator of a petroleum UST system shall maintain records required the underground storage tank site and immediately available for inspection by the agency or a readily available site and be provided for inspection to the agency upon request.

As noted during the January 31, 2017 inspection, Respondents failed to maintain records regarding corrosion protection testing for the tanks or piping; and there were no records regarding release detection testing for the tanks or piping at the Site. Records were received by IDEM on March 16, 2017.

d. Pursuant to 329 IAC 9-3.1-2(1), (2), and (3), the owner and operator of a steel UST system with corrosion protection shall comply with the following requirements to ensure that releases due to corrosion are prevented for as long as the UST system is used to store regulated substances:

(1) All corrosion protection systems must be operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank and piping that routinely contain regulated substances and are in contact with the ground.

(2) All UST systems equipped with galvanic cathodic protection systems must be inspected for proper operation by a qualified cathodic protection tester under the following requirements: (A) all galvanic cathodic protection systems must be tested within six (6) months of installation and at least every three (3) years thereafter; and (B) Nace International (formerly the National Association of Corrosion Engineers) Standard RP0285-95 “Corrosion Control of Underground Storage Tank Systems by Cathodic Protection”, revised 1995 NACE International, P.O. Box 218340, Houston, Texas 77218-8340.

(3) All UST systems with impressed cathodic protection systems must be: (A) inspected every sixty (60) days to ensure the equipment is running according to manufacturer’s specifications; and (B) tested within six (6) months of installation and at least every three (3) years thereafter.

As noted during the inspection on January 31, 2017, corrosion protection systems have not been maintained, operated or tested for three (3) or more years. There were no records available regarding corrosion protection operation, maintenance or test results for the UST systems at the Site. Records were received by IDEM on March 16, 2017.

e. Pursuant to 329 IAC 9-7-2(1), the owner and operator of a petroleum UST system shall provide release detection for tanks as follows: tanks must be monitored at least every thirty (30) days for releases using one (1) of the methods listed in section 4(4) through 4(8) of 329 IAC 9-7.

As noted during the inspection on January 31, 2017, an appropriate method of release detection for the tanks has not been performed. Respondents failed to provide release detection for the UST system, complete tank tightness testing, and submit documentation of test results and any necessary repairs to IDEM for review. Records were received by IDEM on March 16, 2017.

f. Pursuant to 329 IAC 9-7-2(2), underground piping that routinely contains regulated substances must be monitored for releases in a manner that meets one (1) of the following requirements: (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 section 5(2) of this rule or have monthly monitoring conducted under section 5(3) of this rule. (B) Underground piping that conveys regulated substances under suction must either have a line tightness test conducted at least every three (3) years under section 5(2) of this rule or use a monthly monitoring method under section 5(3) of this rule. No release detection is required for suction piping that is designed and constructed to meet the following standards: (i) The below-grade piping operates at less than atmospheric pressure. (ii) The below-grade piping is sloped so that the contents of the pipe will drain back into the storage tank if the suction is released. (iii) Only one (1) check valve is included in each suction line. (iv) The check valve is located directly below and as close as practical to the suction pump. (v) A method is provided that allows compliance with items (ii) through (iv) to be readily determined.

As noted during the inspection on January 31, 2017, Respondents had no records available regarding release detection test results for the piping at the Site. Records were received by IDEM on March 16, 2017.

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 shall comply with the statutes, rules, and/or permit conditions listed in the findings above.

3. Respondents are assessed and agree to pay a civil penalty of fifteen thousand four hundred fifty dollars and twelve cents ($15,450.12). Respondents are jointly and severally liable for this civil penalty assessment. Said penalty amount shall be due and payable to the Underground Petroleum Storage Tank Trust Fund in thirty-six (36) consecutive monthly installments. The payments shall be as follows: thirty-six (36) installments of four hundred twenty-nine dollars and seventeen cents ($429.17). The first installment shall be due within thirty (30) days of the Effective Date with the “Due Date” for each monthly installment being the 30^th day.

4. Civil 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

Office of Legal Counsel

IGCN, Room N1307

100 North Senate Avenue

Indianapolis, IN 46204

5. 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 4, above.

6. 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.

7. 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.

8. 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.

9. 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 its applicable permits or any applicable Federal or State law or regulation.

10. 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.

11. 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.

12. 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.

13. 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 RESPONDENT:
				By: ________________________
				Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		_________	DAY OF	________________________,	20__.
				For the Commissioner:
				Signed on May 9, 2018
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality