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. 2018-25560-U
					)
H & M Petroleum Inc., Charnpreet					)
Kaur, BBKH Inc., Baljinder Singh,					)
and bmsl properties indiana 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 H & M Petroleum Inc., Charnpreet Kaur, BBKH Inc., Baljinder Singh, and BMSL Properties Indiana Inc. (“Respondents”), who own and/or operate the facility with Facility ID No. 5461, located at 4013 S 00 EW, in Kokomo, Howard County, Indiana (“Site”).

3. Respondents own and/or operate three (3) eight thousand (8,000) gallon gasoline USTs and one (1) one thousand (1,000) gallon diesel UST. The gasoline tanks were installed in 1972 and are steel construction with liners installed in 1995. The diesel tank was installed in 1995 and is 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 Charnpreet Kaur, President of and Registered Agent for H & M Petroleum Inc.; H & M Petroleum Inc.; and Baljinder Singh, President of and Registered Agent for BBKH Inc. and BMSL Properties Indiana Inc.

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 Howard County Assessor’s Office, Respondents H & M Petroleum Inc. and BBKH Inc. are the owners of the Site.

7. All rule citations herein refer to the rule in effect at the time of the file review unless otherwise noted.

8. During an investigation including inspections conducted on February 2, 2017 and April 6, 2017, and a file review on July 5, 2018, the following violations were found:

a. Pursuant to 329 Indiana Administrative Code (“IAC”) 9-3-1(a), the owner and operator of an UST system shall cooperate fully with inspections as well as the requests for document submissions.

As noted in the Violation Letter dated July 5, 2018, Respondents failed to provide lining repair documentation, valid liner inspections for tanks one (1) through three (3), and tank tightness testing results.

b. Pursuant to 329 IAC 9-2.1-1(b)(2)(B), within 10 years after lining, and every 5 years thereafter, the lined tank is internally inspected and found to be structurally sound with the lining still performing in accordance with original design specifications. If the internal lining is no longer performing in accordance with the original design specifications and cannot be repaired, then the tank must be permanently closed.

As noted in the June 27, 2018 UST Records Request email and the July 5, 2018 Violation Letter, Respondents failed to provide tank lining repair documentation for tank number one (1) and three (3), and valid tank liner inspections for all steel, lined USTs. Tank number one (1) and number three (3) failed the liner inspection on May 18, 2017 and the inspection for tank number two (2) resulted in an invalid liner inspection.

c. Pursuant to 329 IAC 9-3.1-2(1), the owner and operator of a steel UST system with corrosion protection shall comply with the following requirements to ensure that releases due to corrosion are prevented for as long as the UST system is used to store regulated substances:

(1) All corrosion protection systems must be operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank and piping that routinely contain regulated substances and are in contact with the ground.

As noted in the July 5, 2018 Violation Letter, Respondents failed to maintain adequate corrosion protection. Tank number one (1) and number three (3) failed the liner inspection on May 18, 2017 and the inspection for tank number two (2) resulted in an invalid liner inspection. IDEM has not received tank liner repair documentation for tank one (1) and three (3) or valid tank lining inspection results for all steel, lined tanks at the site.

9. Respondent permently closed the three (3) eight thousand (8,000) gallon gasoline USTs and one (1) one thousand (1,000) gallon diesel UST on or before January 21, 2020.

10. All rule citations herein and listed in these Findings of Fact refer to the rule in effect at the time of the inspection review unless otherwise noted.

11. Orders of the Commissioner are subject to administrative review by the Office of Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement reached, Respondents acknowledge notice of this right and 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. Within thirty (30) days of closing the UST system, Respondents shall submit a closure report to IDEM, which shall include the notification form required by 329 IAC 9-2-2(a).

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

Linda McClure, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

3. Respondents are assessed and agree to pay a civil penalty of Seven Thousand Two Hundred Dollars ($7,200). 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 twenty-four (24) consecutive monthly payments of Three Hundred Dollars ($300). The first installment is due within thirty (30) days of the Effective Date and monthly thereafter with the 30^th day being the “Due Date.”

5. 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 # 2	$500 per month late

6. Stipulated penalties shall be due and payable no later than the thirtieth day after Respondents receive written notice that Complainant has determined a stipulated penalty is due; the thirtieth 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 a 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. Respondents are jointly and severally liable for all stipulated penalty assessments.

7. 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

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204

8. 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 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 7, above.

9. Signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.

10. This Agreed Order shall jointly and severally apply to and be binding upon Respondents and all successors and assigns. Respondents shall provide a copy of this Agreed Order, if in force, to any subsequent owners, successors, or assigns before ownership rights are transferred.

11. No change in ownership, corporate, or partnership status of Respondents shall in any way alter the Respondents’ status or responsibilities under this Agreed Order.

12. Respondents shall ensure that all contractors, firms, and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

13. 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.

14. 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 the obligation to comply with the requirements of any applicable permits or any applicable Federal or State laws or regulations.

15. 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.

16. 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 violations specified in the NOV.

17. Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the U.S. Environmental Protection Agency (U.S. 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 U.S. EPA or any other agency or entity.

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

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management
By:			By:
	Linda L. McClure, Chief
	Land Enforcement Section		Printed:
	Compliance Branch
	Office of Land Quality		Title:
Date:			Date:
			RESPONDENT:
			By:
			Printed:
			Title:
			Date:
			COUNSEL FOR RESPONDENT:
			By:
			Printed:
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 20_____
			For the Commissioner:
			Signed May 6, 2020
			Peggy Dorsey
			Assistant Commissioner
			Office of Land Quality