STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )
 
 

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

) CASE NO. 2002-11252-S

v. )

)

PERRY MULLIS d/b/a MULLIS PETROLEUM, )

)

Respondent. )
 
 

AGREED ORDER
 
 

The Complainant and the Respondent 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.

I. FINDINGS OF FACT

1. Complainant is the Commissioner (hereinafter referred to as "Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
  1. Respondent is Perry Mullis d/b/a Mullis Petroleum (hereinafter referred to as "Respondent"), who owns an underground storage tank system, Facility ID# 11949, located at 9451 W US 50, Medora, Jackson County, Indiana ("the Site").
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.

4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:

Perry Mullis

d/b/a Mullis Petroleum

 1001 "J" Street

Bedford, Indiana 47421

5. Designated representatives of IDEM conducted inspections at the Site September 20, 2001 and January 16, 2002.

6. Based on information gathered by IDEM during the above noted inspection, the Respondent has been found in violation of:

Pursuant to 329 IAC 9-6-5(c), when a UST system has been temporarily closed for twelve (12) months, the owner or operator shall permanently close the UST system if it does not meet the performance standards in 329 IAC 9-2-1 or 329 IAC 9-2.1, except that spill and overfill equipment requirements do not have to be met. This violation is based on the fact that the UST system at the Site has been in temporary closure for more than twelve (12) months and has not been upgraded or permanently closed.

7. The Respondent received approval for and performed the closure of the UST systems at the Site on May 16, 2002.

8. The Respondent submitted the UST system closure report to IDEM on June 26, 2002.

9. In recognition of the settlement reached, Respondent waives 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 the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
2. The Respondent is assessed a civil penalty of one thousand and six hundred dollars ($1,600.00). Said penalty amount shall be due and payable to the Underground Petroleum Storage Tank Trust Fund within thirty (30) days of the Effective Date of this Agreed Order.

3. In accordance with IC 13-23-6-2, civil 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:

 Cashier
IDEM
100 North Senate Avenue
P.O. Box 7060
Indianapolis, Indiana 46207-7060 4. In the event that the civil penalty required by Order Condition 2 is not paid within thirty (30) days of the Effective Date of this Agreed Order, the Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.

5. This Agreed Order shall apply to and be binding upon the Respondent, his officers, directors, principals, agents, successors, subsidiaries, and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.

6. 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 the Agreed Order did not contain the invalid terms.

7. The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. The Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

8. This Agreed Order shall remain in effect until the Respondent has complied with all terms and conditions of this Agreed Order.

 TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management Perry Mullis d/b/a Mullis Petroleum

By:___________________________ By:

Paul Higginbotham, Chief

Solid Waste/UST Section Printed: Perry Mullis

Office of Enforcement

Title:

Date:_________________________ Date:
 
 

COUNSEL FOR COMPLAINANT:

Department of Environmental Management

By:___________________________

Meredith Gramelspacher

Office of Legal Counsel

Department of Environmental Management

Date:__________________________
 
 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS __________ DAY OF __________________, 2003.
 
 

For the Commissioner:

signed 2/26/2003

Felicia A. Robinson
Deputy Commissioner
for Legal Affairs

cc: www.in.gov/idem/
Jackson County Health Department
Sandra Siler, EPA - OUST, Region 5 HQ, Chicago, IL