STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT ) SS: OF ENVIRONMENTAL MANAGEMENT COUNTY OF MARION )
 
 

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

) Complainant, ) ) CASE NO. 2002-11621-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# 11954, located at 1201 Limestone Rd., Bedford, Lawrence 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 an inspection at the Site June 3, 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 9-2.1-1(a), all existing UST systems shall comply with one of the following requirements no later than December 22, 1998: (1) new UST performance standards under 329 IAC 9-2-1, (2) upgrading requirements under sections (b) through (d), (3) closure requirements under 329 IAC 9-6, including applicable requirements for corrective action under 329 IAC 9-5. The UST system at the Site is not properly upgraded regarding corrosion protection, spill and overfill prevention and is not properly closed. 7. 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 shall permanently close the UST system as follows:
    1. Close the UST system within 60 days of the Effective Date of this Order in accordance with the requirements of 329 IAC 9-6-1 through 329 IAC 9-6-4, including the applicable requirements for corrective action under 329 IAC 9-5-1 through 9-5-8; and,
(2) Submit a closure report in accordance with 329 IAC 9-6-2 within thirty (30) days of closing the UST system.
  1. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:


    2. Barbara Goldblatt, Enforcement Case Manager

    Office of Enforcement

    Indiana Department of Environmental Management

    100 North Senate Avenue

    P.O. Box 6015

    Indianapolis, Indiana 46206-6015

  2. Respondent is assessed a civil penalty of Five Thousand ($5,000.00) Dollars. The civil penalty shall be paid in the following manner: four quarterly payments of One Thousand Two Hundred Fifty Dollars ($1,250.00) each. The first installment of the civil penalty shall be due and payable to the Underground Petroleum Storage Tank Fund within thirty (30) days of the Effective Date of this Agreed Order. Each subsequent installment shall be due in ninety (90) day intervals.
5. In the event the following terms and conditions are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amounts: Violation Penalty

Order Condition #2(1) $5,000 for late closure

Order Condition #2(2) $500 per week that closure report is late
 
 

 6. Stipulated penalties shall be due and payable within thirty (30) days after the Respondent receives written notice that the Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude the Complainant from seeking any additional relief against the Respondent for violation of the Agreed Order. In lieu of assessment of any of the stipulated penalty given above, the Complainant may seek any other remedies or sanctions available by virtue of the Respondent's violation of this Agreed Order, or Indiana Law, including but not limited to civil penalties pursuant to IC 13-30-4.

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

Cashier

IDEM

100 North Senate Avenue

P.O. Box 7060

Indianapolis, Indiana 46207-7060
  1. In the event that the first installment of the civil penalty required by Order Condition #4 is not paid within thirty (30) days of the Effective Date of this Agreed Order or any subsequent payment is not paid in ninety (90) day intervals, the entire unpaid balance shall be due and payable immediately. 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.
9. 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.

10. 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.
  1. 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.
  2. 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

 Paul Higginbotham, Chief Owner

Solid Waste/UST Section February 3, 2003

Office of Enforcement

 January 28, 2003
 
 
 
 

COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:

Department of Environmental Management

Meredith Gramelspacher By:

Office of Legal Counsel

Department of Environmental Management

February 12, 2003 Date:
 
 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS 17th DAY OF February, 2003.

For the Commissioner:

 Felicia A. Robinson

Deputy Commissioner for Legal Affairs