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. 2018-25146-U
					)
shree rang llc,					)
					)
Respondent.					)

AGREED ORDER

Complainant and Respondent 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 Respondent 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. Respondent is Shree Rang LLC (“Respondent”), which owns/operates the facility with Facility ID No. 5864, located at 181 IN-64, in Marengo, Crawford County, Indiana (“Site”).

3. Respondent owns and/or operates one (1) six thousand (6,000) gallon UST, one (1) four thousand (4,000) gallon UST, and two (2) two thousand (2,000) gallon USTs. The tanks are steel construction and used for the storage of gasoline. The USTs were installed in 1980, with the exception of the four thousand (4,000) gallon UST, which was installed in 1976.

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 Hasmukhbhai Patel, Registered Agent for Shree Rang LLC.

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 Crawford County Assessor’s Office, Respondent is the owner of the Site.

7. During an investigation including an inspection on December 5, 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 December 5, 2017, Respondent, as owner of the Site, failed to submit a Notification for Underground Storage Tanks form to IDEM within thirty (30) days of owning the UST system.

Respondent submitted a Notification for Underground Storage Tanks form on September 7, 2018. IDEM issued a Notice of Deficiency (NOD) for UST System Notification letter on March 14, 2019. The tank installation and brought into service dates were either missing or invalid. Respondent submitted an updated UST notification form on March 22, 2019 and IDEM deemed it as complete on May 21, 2019.

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.

As noted during the inspection on December 5, 2017, Respondent failed to demonstrate financial responsibility. A certificate of financial responsibility has not been submitted.

Respondent submitted a Notification for Underground Storage Tanks form and a Request for Certificate of Financial Assurance for Underground Storage Tanks form on September 7, 2018.

c. Pursuant to 329 IAC 9-2.1-1(b)(2)(B), a steel tank must be upgraded to meet one (1) of the following requirements: (2) a tank is upgraded by internal lining and the following requirements are completed: (B) within one (1) year after lining and every five (5) years thereafter, the lining and tank are 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 inspection on December 5, 2017, the 2015 liner inspection is invalid. The contractor performing the inspection did not have the required certification and did not conduct the inspection in accordance with the 1999 Ken Wilcox Associates, Inc. (KWA) Recommended Practice for Inspecting Buried Lined Steel Tanks Using a Video Camera.

On April 27, 2018, liner inspections were conducted on one (1) six thousand (6,000) gallon UST, one (1) four thousand (4,000) gallon UST, and two (2) two thousand (2,000) gallon USTs. The tanks were reported as passing.

8. In recognition of the settlement reached, Respondent 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 Respondent. This Agreed Order shall have no force or effect until the Effective Date.

2. Respondent is assessed and agrees to pay a civil penalty of one thousand one hundred dollars ($1,100.00). 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 30^th day being the “Due Date”.

3. The 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

Office of Legal Counsel

IGCN, Room N1307

100 North Senate Avenue

Indianapolis, IN 46204

4. In the event that the monies due to IDEM pursuant to this Agreed Order are not paid on or before their Due Date, Respondent 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 Respondent pays 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 10, above.

5. 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 its 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. 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.

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 Respondent pursuant to this Agreed Order, shall not in any way relieve Respondent of its obligation to comply with the requirements of its applicable permits 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 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.

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 Respondent 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 Respondent.

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 7/11/19
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality