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. 2018-25327-U
					)
FINDLAY TIFFIN OIL LLC,					)
MILL RUN OIL INC &					)
AURORA PETROLEUM 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 Findlay Tiffin Oil LLC, Mill Run Oil Inc, and Aurora Petroleum Inc (“Respondents”), which own/operate the facility with Facility ID No. 2956, located at 606 Green Boulevard, parcel # 15-07-29-104-017.000-003, in Aurora, Dearborn County, Indiana (“Site”).

3. Respondents own and/or operate five (5) USTs constructed of fiberglass installed in 2002, which consist of the following: one (1) 20,000 gallon gasoline tank, one (1) 10,000 gallon premium gasoline tank, one (1) 8,000 gallon diesel tank, one (1) 4,000 gallon racing gasoline tank and one (1) 4,000 gallon kerosene tank.

4. Findlay Tiffin Oil LLC owns the real property that is the UST site. According to Indiana Property Record Card, Parcel Number 15-07-29-104-017.000-003, located at 606 Green Boulevard in Aurora, Dearborn County, belongs to Findlay Tiffin Oil LLC. Findlay Tiffin Oil LLC is registered with the Ohio Secretary of State, but is not registered with the Indiana Secretary of State. Mill Run Oil Inc is the UST owner and Aurora Petroleum LLC is the UST operator, according to previous incomplete notification forms Respondents have submitted to IDEM.

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

6. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (NOV) on October 24, 2018 via Certified Mail to:

Amarjit Singh, Registered Agent	Aymen Migdadi, Registered Agent
Findlay Tiffin Oil LLC	Mill Run Oil Inc
816 Buckeye Ct	606 Green Blvd
Tipp City, OH 45371	Aurora, Indiana 47001
Aymen Migdadi, Registered Agent
Aurora Petroleum Inc
606 Green Blvd
Aurora, Indiana 47001

7. 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 Dearborn County Assessor’s Office, Findlay Tiffin Oil LLC is the owner of the Site.

8. A Violation Letter was issued to Respondents on April 30, 2018, which required Respondents to submit a Notification form within three (3) days of receipt of the Violation Letter. Respondents failed to respond to the Violation Letter.

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

10. During an investigation including an inspection on April 25, 2018, 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, Respondent Findlay Tiffin Oil as owner of the Site, failed to submit notice to IDEM on the form prescribed within thirty (30) days of owning the UST system and submit a corrected and complete notification form to IDEM within three (3) days of receipt of the notice. To date, a corrected and complete revised notification signed by Respondent Findlay Tiffin Oil as owner has not been submitted to IDEM.

b. Pursuant to 329 IAC 9-2-1(3)(A)(i) and (ii), in order to prevent releases due to structural failure, corrosion, or spills and overfills for as long as the UST system is used to store regulated substances, all owners and operators of new UST systems shall meet the following requirements: (3) The following spill and overfill requirements must be completed: (A) Except as provided in clause (B), the owner and operators shall use the following spill and overfill prevention equipment to prevent spilling and overfilling associated with product transfer to the UST system: (i) Spill prevention equipment that prevents the release of product to the environment when the transfer hose is detached from the fill pipe as one (1) of the following; (AA) Minimum five (5) gallon spill catchment basin with drain to tank. (BB) Minimum twenty-five (25) gallon spill catchment basin without drain to tank. (ii) Overfill prevention equipment that completes one (1) of the following: (AA) Automatically shuts off flow into the tank when the tank is not more than ninety-five percent (95%) full. (BB) Alerts the transfer operator when the tank is not more than ninety percent (90%) full by restricting the flow into the tank or triggering a high level alarm. (CC) Restricts flow thirty (30) minutes prior to overfilling, alerts the transfer operator with a high level alarm one (1) minute before overfilling, or automatically shuts off flow into the tank so that none of the fittings located on top of the tank are exposed to product due to overfilling.

As noted during the inspection, Respondents failed to meet this requirement because the spill buckets on site failed to prevent releases due to structural damage and holes that were not properly repaired. Also, the auto shut off devices (flapper valves) in the two gasoline drop tubes were prevented from working properly due to sticks in the drop tubes.

c. Pursuant to 329 IAC 9-4-1(3)(A), the owner and operator of a UST system shall report to the agency within twenty-four (24) hours and follow the procedures in 329 IAC 9-5-4.1 for any of the following conditions: (3) Monitoring results from the release detection method required under 329 IAC 9-7-2 and 329 IAC 9-7-3 that indicate a release may have occurred unless: (A) the monitoring device is: (i) found to be defective; and (ii) immediately repaired, recalibrated, or replaced; and additional monitoring does not confirm the initial result.

As noted during the inspection, Respondents failed to investigate their monitoring device after reported gross failures on April 20, 23 and 25, 2018.

d. Pursuant to 329 IAC 9-7-2(2)(A), underground piping that conveys regulated substances under pressure must: (i) be equipped with an automatic line leak detector under section 5(1) of 329 IAC 9-7; and (ii) have an annual line tightness test conducted under 5(2) of 329 IAC 9-7 or have monthly monitoring conducted under section 5(3) of 329 IAC 9-7.

As noted during the inspection, Respondents failed to have the line tightness test and automatic line leak detector test performed by a contractor certified in the state of Indiana to perform the test.

e. Pursuant to 329 IAC 9-9-6(c), Class A, Class B, and Class C operators must receive full refresher training under the requirements of 329 IAC 9 and be recertified every three (3) years unless the provisions of section 8 of this rule apply. For Class A and Class B operators, retraining and recertification must be accomplished prior to the expiration of the certificate. For Class C operators, retraining and recertification must be accomplished prior to the expiration of the certification.

As noted during the inspection, Respondents failed to retrain and recertify the Class B operator certification prior to the expiration of the certificate. Specifically, the operator B training certificate provided expired November 7, 2017.

11. Respondents have submitted a certificate of completion document for a Class B operator for the UST system.

12. Respondents submitted a Notification Form on October 5, 2018.

13. 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. 329 Indiana Administrative Code (“IAC”) 9, effective June 28, 2018, incorporates certain federal underground storage tank requirements found in 40 Code of Federal Regulations (“CFR”) Part 280, including those identified below.

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

4. Within thirty (30) days of the Effective Date, Respondents shall comply with 40 CFR 280.20, and 40 CFR 280 Subpart D. Specifically, Respondents shall submit a recent line tightness test and an automatic line leak detector test performed by a certified contractor or have any line that contains a regulated amount of product tightness tested and all automatic line leak detectors tested and submit documentation.

5. Within forty-five (45) days of the Effective Date, Respondents shall have the UST system inspected by a certified UST contractor and submit documentation regarding the inspection, repair and certification of the automatic tank gauging system after the date of the reported failures. Also, Respondents shall submit copies of all UST and line tightness testing performed by a certified UST contractor in response to the confirmation of the release on April 25, 2018.

6. If the inspections required by Order Paragraph 4 & 5 above indicate that the tanks are not meeting performance standards, within sixty (60) day of the Effective Date, Respondents shall do one of the following:

a. If appropriate pursuant to 40 CFR 280 Subpart C, repair the UST system to ensure repairs and maintenance prevent and monitor releases, are structurally sound, and meet performance standards.

b. Permanently close the tanks in accordance with the requirements of 329 IAC 9-6, including the applicable requirement for corrective action under 329 IAC 9-5.

7. Within thirty (30) days of completion of the work required in Paragraph 6 above, Respondents shall do one of the following:

a. Provide documentation verifying that the UST system is structurally sound, capable of preventing and monitoring releases, and is adequate to contain regulated product; or

b. Submit a closure report to IDEM.

8. Within forty-five (45) days of the Effective Date, Respondents shall comply with 40 CFR 280 Subpart C. Specifically, Respondents shall submit documentation to IDEM that the flapper valves were tested and approved for use.

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

Janet Arnold, Technical Environmental Specialist

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

10. Respondents are assessed and agree to pay a civil penalty of Thirty-Six Thousand Four Hundred and Eighty Dollars ($36,480). Respondents are jointly and severally liable for all civil penalty assessments, including stipulated penalties. Said penalty amount shall be due and payable to the Underground Petroleum Storage Tank Trust Fund in six (6) installments. The first installment of Six Thousand and Eight Dollars ($6,080.00) shall be paid within thirty (30) days of the Effective Date; the 30^th day being the “Due Date”. Subsequent installments of Six Thousand and Eight Dollars ($6,080.00) shall be paid within one hundred twenty (120) days of the Effective Date, two hundred and ten (210) days of the Effective Date, three hundred (300) days of the Effective Date, three hundred and ninety (390) days of the Effective Date and four hundred and eighty (480) days of the Effective Date.

11. In the event the terms and conditions of the following paragraphs are violated, Complainant may assess and Respondents shall pay a stipulated penalty in the following amount:

Paragraph	Penalty
Order Paragraph 4	$250 per week late
Order Paragraph 5	$250 per week late
Order Paragraph 6	$500 per week late
Order Paragraph 7	$500 per week late
Order Paragraph 8	$250 per week late

12. Stipulated penalties shall be due and payable no later than the 30^th day after Respondents receive written notice that Complainant has determined a stipulated penalty is due; the 30^th day being the “Due Date”. Complainant may notify Respondents at any time that a stipulated penalty is due. Failure to notify Respondents in writing in a timely manner of stipulated penalty assessment shall not waive Complainant’s right to collect such stipulated penalty or preclude Complainant from seeking additional relief against Respondents for violation of this Agreed Order. Neither assessment nor payment of stipulated penalties shall preclude Complainant from seeking additional relief against Respondents for a violation of this Agreed Order; such additional relief includes any remedies or sanctions available pursuant to Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.

13. Civil and stipulated 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

14. 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 13, above.

15. This Agreed Order shall apply to and be binding upon Respondents and their successors and assigns. This Agreed Order shall jointly and severally 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 its status or responsibilities under this Agreed Order.

16. 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.

17. 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.

18. 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 its obligation to comply with the requirements of its applicable permits or any applicable Federal or State law or regulation.

19. 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 Respondent’s efforts to comply with this Agreed Order.

20. 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.

21. 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.

22. 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: _________________________
	Linda L. McClure, Chief
	Land Enforcement Section			Printed: ______________________
Office of Land Quality
				Title: ________________________
Date: __________________				Date: _______________________
				By: _________________________
				Printed: ______________________
				Title: ________________________
				Date: _______________________
				By: _________________________
				Printed: ______________________
				Title: ________________________
				Date: _______________________
				COUNSEL FOR RESPONDENTS:
				By: ________________________
				Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		_______	DAY OF	______________________, 20____.
				For the Commissioner:
				Signed November 20, 2019
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality