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. 2019-26431-U
					)
spm land development inc., alvina					)
enterprises inc., and baljinder					)
singh,					)
					)
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 Indiana Code (“IC”) 13-13-1-1.

2. Respondents are SPM Land Development Inc., Alvina Enterprises Inc., and Baljinder Singh (“Respondents”), which own and/or operate the facility with Facility ID No. 5394, located at 2701 Prairie Street, in Elkhart, Elkhart County, Indiana (“Site”).

3. Respondents own and/or operate three (3) ten thousand (10,000) gallon gasoline USTs. The tanks are steel construction and were installed in 1985.

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:

Gurpreet K. Miani, President	Patrick Rooney, Registered Agent
SPM Land Development Inc.	for SPM Land Development Inc.
535 Eagle Brook Lane	1638 Shelby Street, Suite 101
Naperville, IL 60565	Indianapolis, IN 46203
Baljinder Singh, President	Baljinder Singh, Registered Agent
Alvina Enterprises Inc.	for Alvina Enterprises Inc.
2701 Prairie Street	1616 Locust Street, Apt. 104
Elkhart, IN 46517	Elkhart, IN 46514
Baljinder Singh
1616 Locust Street, Apt. 104
Elkhart, IN 46514

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 Elkhart County Assessor’s Office, Respondent SPM Land Development Inc. is the owner of the property. Respondents Alvina Enterprises Inc. and Baljinder Singh are leasing the property and operating the USTs. Respondent SPM Land Development Inc. owns the USTs.

7. A Notice of Deficiency (NOD) was issued to Respondents on March 21, 2019, which required Respondents to submit a Notification form within fourteen (14) days of receipt of the NOD. While Respondents submitted information on April 2, 2019 and November 4, 2019, the information was deficient.

8. During an investigation including a record review conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 329 IAC 9-2-2(c), an owner required to submit a notification under this section shall provide:

(1) a notification for each UST owned

(2) complete information required on the form for each UST owned; and

(3 if applicable, a separate notification form for each separate place of operation at which the USTs are located.

Based on a record review, Respondents, as owners of the USTs and/or the site, failed to resubmit a complete UST notification form.

On April 2, 2019, information was submitted; however, the information was incomplete and deficient.

On November 4, 2019, a Notification Form was submitted, but the information was incomplete and deficient.

On the April 2, 2019 submission, it was noted that information unable to be determined such as tank manufacturer, catchment basin (spill bucket), and auto shut off (overfill) were left blank. On the November 4, 2019 submission, the tank manufacturer information was filled in. It was also noted that the catchment basin (spill bucket) and auto shut off (overfill) manufacturer/model information that was not able to be determined on both submittals, was previously submitted to IDEM on November 12, 2018 as part of Return to Compliance (“RTC”) documentation.

On December 4, 2019, a Notification Form was submitted which contained complete information required.

9. 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 conditions listed in the findings above.

3. All submittals required by this Agreed Order, unless Respondents are notified otherwise in writing by IDEM, 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

4. Pursuant to IC 13-30-4-1, Respondents are assessed and agree to pay a civil penalty of Eight Hundred Dollars ($800.00). Respondents are jointly and severally liable for all civil penalty assessments, including stipulated penalties. Said penalty amount shall be due and payable to the “Underground Petroleum Storage Tank Trust Fund” within thirty (30) days of the Effective Date; the thirtieth day being the “Due Date.”

5. 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

6. 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 8, above.

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

8. 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.

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

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

11. 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.

12. 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.

13. 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.

14. 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 violation specified in the NOV.

15. 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.

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

TECHNICAL RECOMMENDATION: Department of Environmental Management			RESPONDENT:
By:			By:
	Jennifer Reno, Chief		Printed:
	Land Enforcement Section		Title:
	Compliance Branch
	Office of Land Quality
Date:			Date:
			RESPONDENT:
			By:
			Printed:
			Date:
			RESPONDENT:
			By:
			Printed:
			Title:
			Date:
			COUNSEL FOR RESPONDENTS:
			By:
			Printed:
			Date
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 20_____
			For the Commissioner:
			Signed 6/23/20
			Peggy Dorsey
			Assistant Commissioner
			Office of Land Quality