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. 2019-26225-S
					)
BP2 CONSTRUCTION, LLC and TA OF					)
OPERATING LLC DBA TRAVELCENTERS					)
AMERICA,					)
					)
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 Indiana Code (“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 IC 13-13-1-1.

2. Respondent BP2 Construction, LLC (“BP2”) owns and operates a construction company located at 102 Community Drive, Seymour, Indiana.

3. Respondent TA Operating LLC dba TravelCenters of America (“TA”) operates the TravelCenters of America located at 2636 East Tipton Street, Seymour, Indiana, and is authorized by National Pollutant Discharge Elimination System (“NPDES”) Permit Number IN0057789 to discharge wastewater treated in accordance with the terms and conditions of the NPDES Permit from the storm water retention pond into an unnamed tributary of Sand Creek via Outfall 001. The wastewater discharges consist of water from the garage service pit, pavement wash-down from the miscellaneous small spills related to truck repair, and storm water from trench drains near the truck fueling area and the underground storage tanks unloading pad. These areas discharge into an oil/water separator before being discharged in the storm water retention pond. The retention pond also receives storm water run-off from the property.

4. Onyx Paving Company, Inc. (“Onyx”), who is not named as a Respondent in this matter, is the owner of the property located at 6200 E CR 525 N in Seymour, Jackson County, Indiana (“Site”).

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 August 6, 2019 via Certified Mail to:

BP2 Construction, LLC

Mr. Brad Pardieck, President and Registered Agent

102 Community Drive

Seymour, IN 47274

Onyx Paving Company, Inc.

Mr. Gregory Pardieck, CEO and Registered Agent

101 North Poplar Street

Seymour, Indiana 47274

TA Operating LLC dba TravelCenters of America

Mr. Rob Porges, Environmental Associate

24601 Center Ridge Road, Suite 200

Westlake, Ohio 44145

Corporation Service Company, Registered Agent

TA Operating LLC dba TravelCenters of America

135 North Pennsylvania Street, Suite 1610

Indianapolis, Indiana 46204

7. During an investigation including an inspection on March 1, 2019 conducted by a representative of IDEM, the following violations were found:

a. Pursuant to Part II.B.4 of the NPDES Permit, solids, sludges, filter backwash, or other pollutants removed from or resulting from treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State and to be in compliance with all Indiana statutes and regulations relative to liquid and/or solid waste disposal.

As noted during the inspection, Respondents caused and allowed eighty-three (83) tri-axle dump truck loads of storm water retention pond sludge (“sludge”) to be disposed of in a manner that does not comply with all Indiana statutes and regulations relative to liquid and/or solid waste disposal.

b. Pursuant to 329 Indiana Administrative Code (“IAC”) 10-4-2, no person shall cause or allow the storage, containment, processing, or disposal of solid waste in a manner which creates a threat to human health or the environment, including the creating of a fire hazard, vector attraction, air or water pollution, or other contamination.

As noted during the inspection, Respondents caused and/or allowed eighty-three (83) tri-axle dump truck loads of sludge to be disposed of in a manner which creates a threat to human health or the environment at the Site. The sludge was present in two (2) areas, and asphalt shingles already present (not associated with TA or BP2) were in a third area on the Site as follows:

1) Pile #1 (sludge), contained within an earthen berm on the Site;

2) Pile #2 (sludge), north of pond and west of pile #1 on the Site;

3) Pile #3 (asphalt shingles) east of pond and south of pile #1 on the Site.

c. Pursuant to 329 IAC 10-4-3, open dumping and open dumps, as those terms are defined in IC 13-11-2-146 and IC 13-11-2-147 are prohibited.

As noted during the inspection, Respondents caused and/or allowed eighty-three (83) tri-axle dump truck loads of sludge to be open dumped at the Site.

d. Pursuant to IC 13-30-2-1(4), no person shall deposit or cause or allow the deposit of any contaminants or solid waste upon the land, except through the use of sanitary landfills, incinerators, composting, garbage grinding, or another method acceptable to the board.

As noted during the inspection, Respondents deposited or caused and/or allowed the deposit of contaminants and/or solid waste upon the land in a method which has not been determined by the board to be acceptable. The sludge was present in two (2) areas, and asphalt shingles already present (not associated with TA or BP2) were in a third area on the Site as follows:

1) Pile #1 (sludge) contained within an earthen berm on the Site;

2) Pile #2 (sludge) north of pond and west of pile #1 on the Site;

3) Pile #3 (asphalt shingles) east of pond and south of pile #1 on the Site.

8. 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. Respondents shall comply with the rules and permit conditions listed in the findings of fact above.

3. Effective immediately, Respondent TA shall draft and implement a Standard Operating Procedure (“SOP”)/best practice methodology to prevent NPDES permit violations and open dumping of any solid waste in the future.

4. Onyx agrees to grant Respondents and their agents and IDEM and its agents all necessary access to the Site to complete the remediation required by this Agreed Order.

5. Respondent’s Consultant, North Star Environmental, conducted analytical testing of the sludge after it had been placed on the Site. IDEM reviewed the analytical results of the sludge and agrees that the total concentrations of contamination in the sludge do not exceed IDEM’s 2018 screening levels for Soil Exposure Direct Contact Residential Levels. IDEM agrees that that the sludge may remain on Site.

6. Within thirty (30) days of the Effective Date, Respondents shall comply with IC 13-30-2-1(4), 329 IAC 10-4-2, 329 IAC 10-4-3, and 329 IAC 10-4-4. Specifically, Respondents shall remove the asphalt shingles from the Site (pile #3), excavate the soil beneath pile #3 at least six inches beyond visible contamination, and dispose of the shingles and excavated soil at a permitted solid waste management facility.

7. Within forty-five (45) days of the Effective Date, Respondents shall submit photographic and written documentation that the asphalt shingles and excavated soil removed from the Site have been taken to a permitted solid waste management facility. Inspectors from IDEM's Office of Land Quality and Office of Water Quality will then conduct a follow-up inspection of the Site.

8. All submittals required by this Agreed Order, unless IDEM notifies the Respondents otherwise in writing, shall be sent to:

Jodi Pisula, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

9. Pursuant to IC 13-30-4-1, Respondents are assessed and agree to pay a civil penalty of Nine Thousand Dollars ($9,000.00). Respondents are jointly and severally liable for all civil penalty assessments, including stipulated penalties. Said penalty amount shall be due and payable to the “Environmental Management Special Fund” within thirty (30) days of the Effective Date; the thirtieth day being the “Due Date.”

10. In the event the terms and conditions of the following paragraphs are violated, Complainant may assess and Respondents shall pay stipulated penalties in the following amounts:

Paragraph	Stipulated Penalty
Order paragraph #6	$100.00 per week
Order paragraph #7	$100.00 per week

11. 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.

12. Civil and stipulated penalties are payable by check to the “Environmental Management Special 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

13. 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 Environmental Management Special Fund, and shall be payable to IDEM in the manner specified in Paragraph 12, above.

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

15. 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.

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

17. 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. 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.

19. 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.

20. 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.

21. 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.

22. 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.

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

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management			BP2 CONSTRUCTION, LLC:
By:			By:
	Linda L. McClure, Chief
	Land Enforcement Section		Printed:
	Compliance Branch
	Office of Land Quality		Title:
Date:			Date:
			COUNSEL FOR RESPONDENT:
			BP2 CONSTRUCTION, LLC:
			By:
			Printed:
			Date:
			RESPONDENT:
			TA OPERATING LLC:
			By:
			Printed:
			Title:
			Date:
			COUNSEL FOR RESPONDENT:
			TA OPERATING LLC:
			By:
			Printed:
			Date:
			RESPONDENT:
			ONYX PAVING COMPANY, INC.:
			By:
			Printed:
			Title:
			Date:
			COUNSEL FOR RESPONDENT:
			ONYX PAVING COMPANY, INC.:
			By:
			Printed:
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 20_____
			For the Commissioner:
			Signed 5/8/20
			Peggy Dorsey
			Assistant Commissioner
			Office of Land Quality