STATE OF INDIANA	)	SS:	BEFORE THE INDIANA DEPARTMENT OF
	)		ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION	)
COMMISSIONER OF THE DEPARTMENT				)
OF ENVIRONMENTAL MANAGEMENT,				)
				)
Complainant,				)
				)
v.				)	Case No. 2018-25230-Q
				)
Marathon pipe line 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 Indiana Code (IC) 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violations 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 IC 13-13-1-1.

2. Marathon Pipe Line LLC (Respondent), owns and operates pipelines, storage tanks, and barge dock facilities.

3. On March 20, 2018, the National Response Center received a report of an oil release occurring at 38.013152N, 87.899594W, Solitude, Posey County (the Site) into Big Creek.

4. IDEM has jurisdiction over the Respondent and the subject matter of this action pursuant to IC 13-30-3.

5. Respondent waives issuance of a Notice of Violation and to the settlement period of sixty (60) days as provided for by IC 13-30-3-3.

6. Pursuant to 327 IAC 5-2-2, any discharge of pollutants into waters of the State as a point source discharge, is prohibited unless in conformity with a valid National Pollutant Discharge Elimination System (NPDES) permit obtained prior to the discharge.

Respondent had an unpermitted discharge of an estimated 1,400 barrels or 58,800 gallons of diesel fuel, from a shear break in a 10-inch pipeline, into Big Creek, in violation of 327 IAC 5-2-2.

7. Pursuant to Indiana Code (IC) 13-30-2-1, a person may not discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste, including any noxious odor either alone or in combination with contaminants from other sources, into the environment in any form that causes or would cause pollution that violates or would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws.

Pursuant to 327 IAC 2-1-6(a)(1), all surface waters at all times and at all places, including waters within the mixing zone, shall meet the minimum conditions of being free from substances, materials, floating debris, oil, or scum attributable to municipal, industrial, agricultural, and other land use practices, or other discharges that do any of the following:

A. will settle to form putrescent or otherwise objectionable deposits;

B. are in amounts sufficient to be unsightly or deleterious;

C. produce color, visible oil sheen, odor, or other conditions; in such degree as to create a nuisance;

D. are in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such degree as to create a nuisance, be unsightly, or otherwise impair the designated uses; and,

E. are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants, or humans.

Respondent caused or contributed to the contamination of waters of the state by allowing an estimated 1,400 barrels or 58,800 gallons of diesel fuel, from a shear break in a 10-inch pipeline, into Big Creek, producing a visible color, in violation of IC 13-30-2-1 and 327 IAC 2-1-6(a)(1).

8. On August 10, 2018 Respondent provided IDEM information regarding Respondent’s operations, maintenance, and integrity practices completed for its Indiana waterway crossings from 2015 to present.

9. 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 adopted by Complainant or Complainant’s delegate (as evidenced by signature), and the adopted Agreed Order 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 Forty Thousand Dollars ($40,000). Said penalty amount shall be due and payable to the “Environmental Management Special Fund” within 30 days of the Effective Date; the 30^th day being a “Due Date.”

3. Respondent is liable to IDEM for the reasonable costs of any response or remedial action taken, under authority of IC 13-24-1-4. IDEM has determined this figure to be Four Thousand Nine Hundred Seventy-Four Dollars and Seventy-Nine Cents ($4,974.79). Said amount shall be due and payable to the “Indiana Department of Environmental Management” within 30 days of the Effective Date; the 30^th day being a “Due Date.”

4. Civil penalties are payable by check to the “Environmental Management Special Fund.” Response or remedial action costs are payable by check to the “Indiana Department of Environmental Management.” Checks shall include the Case Number 2018-25230-Q of this action and shall be mailed to:

Office of Legal Counsel

Indiana Department of Environmental Management

IGCN, Room N1307

100 North Senate Avenue

Indianapolis, IN 46204

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 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 and any accrued interest 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. The interest shall continue to accrue on the first of each month until the civil penalty and any interest accrued are paid in full. Such interest shall be payable to the Environmental Management Special Fund, and shall be payable to IDEM in the manner specified above.

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. 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.

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

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 Agreed Order.

12. Nothing in this Agreed Order shall prevent IDEM [or anyone acting on its behalf] from communicating with the United States Environmental Protection Agency (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 EPA or any other agency or entity.

13. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order and IDEM issues a Resolution of Case (close out) letter to Respondent.

TECHNICAL RECOMMENDATION:	RESPONDENT:
Department of Environmental Management	Marathon Pipe Line LLC
By:__________________________	By:________________________
Samantha K. Groce, Chief
Water Enforcement Section
Surface Water, Operations &	Printed:_____________________
Enforcement Branch
Office of Water 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 September 25, 2018
	Martha Clark Mettler
	Assistant Commissioner
	Office of Water Quality