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. 2018-25027-U
					)
patel135 inc. and sng corporation,					)
					)
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. Respondent’s 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 Patel135 Inc. and SNG Corporation (“Respondents”), which own and/or operate the facility with Facility ID No. 25594, located at 2994 Fulmer Drive, in Bargersville, Johnson County, Indiana (“Site”).

3. Respondents own and/or operate one (1) twenty thousand (20,000) gallon gasoline UST and one compartmentalized UST with the capacity to store four thousand (4,000) gallons of gasoline and six thousand (6,000) gallons of diesel fuel. The tanks were installed on August 14, 2017 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 Jayesh Kumar Patel, Registered Agent for Patel135 Inc. and SNG Corporation.

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 Johnson County Assessor’s Office and a warranty deed dated June 23, 2016, Respondent Patel135 Inc. is the owner of the Site. According to an affidavit dated December 4, 2017, SNG Corporation is the operator and Patel135 Inc. is the owner of the USTs. SNG Corporation is leasing the UST site from Patel135 Inc.

7. During an investigation, including an inspection on November 20, 2017 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 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 inspection on November 20, 2017, Respondent Patel135 Inc. failed to submit a Notification for Underground Storage Tanks form (State Form 45223) to IDEM.

b. Pursuant to 329 IAC 9-8-4(a), an owner or operator of a petroleum underground storage tank shall demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of a petroleum underground storage tank in a per occurrence amount of at least one million dollars ($1,000,000).

As noted during the inspection on November 20, 2017, Respondents failed to demonstrate financial responsibility.

c. 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 inspection on November 20, 2017, Respondents failed to conduct an annual line leak detector test at the time of installation.

8. Based on a letter dated January 30, 2018, IDEM determined that the site has achieved compliance with the terms of the Violation Letter dated December 12, 2017. A completed Notification for Underground Storage Tanks form and a certificate of financial assurance were received on December 15, 2017. The requested annual line leak detector testing was completed January 10, 2018 and reported as passing.

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. All submittals required by this Agreed Order, unless Respondents are notified otherwise in writing by IDEM, shall be sent to:

Amy Elliott, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

2. Respondents are assessed and agree to pay a civil penalty of three thousand two hundred and twenty dollars ($3,220.00). Respondents are jointly and severally liable for all civil penalty assessments. Said penalty amount shall be due and payable to the Underground Petroleum Storage Tank Trust Fund in four (4) quarterly installment payments. The first installment payment of eight hundred and five dollars ($805.00) shall be due and payable within thirty (30) days of the Effective Date. Each subsequent payment of eight hundred and five dollars ($805.00) shall be due and payable on a quarterly basis thereafter.

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 their 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:
Department of Environmental Management
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 5/21/19__
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality