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. 2018-25264-U
					)
NIRJODH SINGH AND					)
HUDSON’S OIL COMPANY, INC.,					)
					)
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 Nirjodh Singh and Hudson’s Oil Company, Inc (“Respondents”), that own and/or operate the Underground Storage Tank (“UST”) system, with UST Facility ID No. 11401, located at 6669 Melton Road, Parcel No. 64-06-06-328-007.000-016, in Portage, Porter County, Indiana (“Site”).

3. Respondents own and/or operate three (3) steel underground storage tanks at the Site. The capacities of the USTs are approximately two (2) twelve thousand (12,000) gallon tanks, and one (1) eight thousand (8,000) gallon tank. The three (3) steel USTs were reportedly brought into use in 1972.

4. According to the Porter County Assessor’s Office, Parcel Number 64-06-06-328-007.000-016, located at 6669 Melton Road in Portage, Porter County, belongs to Hudson’s Oil Company, Inc.

5. 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.

6. IDEM has jurisdiction over the parties and the subject matter of this action.

7. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (“NOV”) via Certified Mail to:

Nirjodh Singh, Operator	Nirjodh Singh, Registered Agent
6669 Melton Road	Hudson’s Oil Company, Inc.
Portage, Indiana 46368	6669 Melton Road
	Portage, Indiana 46368

8. All rule citations herein refer to the rule in effect at the time of the inspection unless otherwise noted.

9. Based on an investigation including an inspection conducted on August 22, 2017, 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 and in a format prescribed by the commissioner; 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, Respondents, as owners and operators of the UST, failed to submit an updated notification on the form prescribed by the commissioner to register the tank or UST system. A Violation Letter issued to Respondents on December 20, 2017 required Respondents to fill out and submit to IDEM an updated copy of State Form 45223, Notification for Underground Storage Tank, within thirty (30) days of receiving the Violation Letter. To date, no notification on State Form 45223 signed by Respondents has been received by IDEM.

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 December 20, 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. To date, no notification on State Form 45223 signed by Respondents has been received by IDEM.

c. Pursuant to 329 IAC 9-2.1-1(b)(2)(B), if a steel tank is upgraded by internal lining, within one (1) year after lining, and every five (5) years thereafter, the lining and tank must be 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, Respondents failed to inspect the internal lining of the underground storage tanks at the Site as required by 329 IAC 9-2.1-1(b)(2)(B).

d. Pursuant to 329 IAC 9-9-3(a) and (b), the owner or operator of a UST system must designate a Class A, Class B, and Class C operator for the UST system on or before thirty (30) days after the effective date of this rule, except as provided in subsection (c). The owner and operator of the UST system are responsible for ensuring that the Class A, Class B, and Class C operators fulfill their responsibilities under this rule. Each designated operator must be certified under this rule as follows:

(1) An incoming designated Class A or Class B operator for an existing UST system without compliance deficiencies documented by the department must be certified within thirty (30) days of assuming full operation and maintenance responsibilities at the UST system.

(2) An incoming designated Class C operator must be certified before assuming responsibilities at a UST system facility.

(3) An incoming designated Class A or Class B operator at an existing facility that has compliance deficiencies documented by the department must be certified before assuming full operation and maintenance responsibilities at a UST system facility.

(4) The owner or operator of a UST system that goes into use after the effective date of this rule must designate a certified Class A, Class B, and Class C operator for that system within thirty (30) days of bringing the UST system into use. If the owner and operator of the UST system are separate persons, either the owner or operator may designate the Class A, Class B, and Class C operators for the UST system, but both the owner and the operator have equal responsibility to ensure that Class A, Class B, and Class C operators are designated. An owner or operator may contract with another person to provide Class A or Class B operator services for the owner or operator's UST system.

As noted during the inspection, Respondents failed to designate a certified Class A, Class B, and Class C operator for the UST system at the Site.

e. 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.

As noted during the inspection, Respondents failed to demonstrate financial responsibility aimed at 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 at the Site.

10. A passing internal tank lining inspection dated April 18, 2018 was submitted to IDEM.

11. On September 12, 2018, Respondents submitted Certificate of Completion of Class A, Class B and Class C operator training.

12. On September 13, 2018, Respondents submitted to IDEM, State Form 45223, Notification for Underground Storage Tank. IDEM approved the Form.

13. On September 13, 2018, Respondents submitted documentation to IDEM demonstrating financial responsibility for corrective action and for compensating third parties for bodiliy injuries and property damage caused by accidental releases arising from the operation of a petroleum underground storage tank.

14. 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 cooperate fully with inspections as well as document submissions.

3. Respondents are assessed and agree to pay a civil penalty of zero Dollars ($0). This penalty reflects a significant reduction from the original proposed civil penalty based upon evidence submitted to IDEM by Respondents which adequately demonstrated Respondents’ inability to pay the original proposed civil penalty.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondents.

TECHNICAL RECOMMENDATION:				RESPONDENTS:
Department of Environmental Management
By: _________________________				By: _________________________
	Nancy Johnston, Section Chief
	Enforcement Section			Printed: ______________________
Office of Land Quality
				Title: ________________________
Date: __________________				Date: _______________________
				COUNSEL FOR RESPONDENTS:
				By: ________________________
				Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		_________	DAY OF	________________________,	20__.
				For the Commissioner:
				Signed on 2/22/2019
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality