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STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
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OF
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Complainant, |
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Case No.
2014-22560-U |
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GSD Petroleum, llc, |
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S & H
PETROLEUM, AND |
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RAGHBIR S
PALIA, |
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Respondents. |
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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.
Respondent Raghbir S Palia operates an Underground
Storage Tank (UST) systems, with UST Facility ID 4860 located at 2650 North
State Road 9, parcel # 03-97-17-000-000.901-001 in Columbus, Bartholomew
County, Indiana (the “Site”).
3.
Respondent S & H Petroleum owns 3 USTs
which consist of 1-8,000 gallon gasoline tank, 1-6,000 gallon gasoline tank and
1-2,000 gallon diesel tank which were installed in
1974 and interior lined on November 4, 1992.
4.
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 Bartholomew
County Assessor’s Office, Respondent GSD Petroleum, LLC is the property owner
of the 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) via Certified Mail to:
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Raghbir S Palia, UST Operator |
Jaspal Singh Dhaliwal, Registered Agent |
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11786
E SR 250 |
GSD
Petroleum, LLC |
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Crothersville,
IN 47229 |
9653
N. Granville Rd. |
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Mequon,
WI 53097 |
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Raghbir S Palia, Owner & Registered Agent |
GSD
Petroleum, LLC |
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S
& H Petroleum |
2650
N SR 9 |
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7251
E SR 7 |
Columbus,
IN 47203 |
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Columbus,
IN 47203 |
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7.
During an investigation including inspections
on January 8, 2014; March 4, 2014 and April 24, 2014, conducted by a representative
of IDEM, the following violations were found:
a. Pursuant to 329 IAC 9-2-2(b), any
person who owns an UST system or tank shall, within thirty (30) days of owning
such an UST system or tank or bringing such tank or UST system into use, submit
notice to the agency to register the tank or UST system. Bringing a tank or UST system “into use”
means the tank or UST system contains or has contained a regulated substance
and has not been closed under 329 IAC 9-6.
As noted during the inspections,
Respondents failed to submit notice to IDEM to register the tank or UST system
within thirty (30) days of owning such an UST system or tank or bringing such
tank or UST system into use.
b. Pursuant to 329 IAC 9-7-2(1), the owner
and operator of a petroleum UST system shall provide release detection for
tanks and piping as follows: tanks must be monitored
at least every thirty (30) days for releases using one (1) of the methods
listed in section 4(4) through 4(8) of 329 IAC 9-7.
As noted during the inspections, Respondents
failed to perform an appropriate method of monthly release detection for the
underground storage tank system at the Site.
c. Pursuant to 329 IAC 9-9-3(a)(b), the owner or operator of a UST system must designate a
Class A, Class B, and Class C operator for the UST system on or before thirty
(30) days after the effective date of this rule, except as provided in
subsection (c). The owner and operator of the UST system are responsible for
ensuring that the Class A, Class B, and Class C operators fulfill their
responsibilities under this rule. Each designated operator must
be certified under this rule as follows:
(1) An incoming designated Class A or Class B
operator for an existing UST system without compliance deficiencies documented
by the department must be certified within thirty (30)
days of assuming full operation and maintenance responsibilities at the UST
system.
(2)
An incoming designated Class C operator must be certified before assuming responsibilities at a UST
system facility.
(3) An incoming designated Class A or Class B
operator at an existing facility that has compliance deficiencies documented by
the department must be certified before assuming full operation and maintenance
responsibilities at a UST system facility.
(4) The owner or operator of a UST system
that goes into use after the effective date of this rule must designate a
certified Class A, Class B, and Class C operator for that system within thirty
(30) days of bringing the UST system into use. If the owner and operator of the
UST system are separate persons, either the owner or operator may designate the
Class A, Class B, and Class C operators for the UST system, but both the owner
and the operator have equal responsibility to ensure that Class A, Class B, and
Class C operators are designated. An owner or operator
may contract with another person to provide Class A or Class B operator
services for the owner or operator's UST system. (b) Either a Class A, Class B, or Class C
operator must be present on-site during the operation of a UST system facility,
except as provided in subsection (c). At the owner or operator's discretion,
one (1) person may be designated as the Class A, Class B, and Class C operator
for a facility, provided that person complies with the requirements including
the training requirements contained in section 6 of this rule, for each class
for which that person is designated.
As noted during the inspections, Respondents
failed to designate a certified Class A, Class B, and Class C operators for the
UST system at the Site.
d. Pursuant to 329 IAC 9-9-7(a)(b) &
(c), owners and operators shall maintain records identifying designated and
certified Class A, Class B, and Class C operators of each UST system as
required in 329 IAC 9-3-1(d). When
requested by the department or at any inspection conducted by the state fire
marshal, owners and operators of a facility of facilities containing a UST
system shall provide a list of designated certified Class A, Class B, and Class
C operators, as applicable for each facility.
All records maintained under this section must include current contact
information for each designated operator, including a telephone number and
mailing address.
As noted during the inspections,
Respondents failed to provide a list of designated certified Class A, Class B,
and Class C operators upon request that included current contact information
for each designated operator.
8. On May 19, 2015, Respondents submitted
a copy of the Class A, Class B & Class C operator certification for the
Site.
9.
In recognition of the settlement reached,
Respondents 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 rule listed
in the findings above.
3.
Within fifteen (15) days of the Effective
Date, Respondents shall submit to IDEM, on the form included as Attachment A,
an updated Notification for USTs form.
Respondents may also find the form at http://www.in.gov/idem/5157.htm#olq_ust.
4.
Within fifteen (15) days of the Effective
Date, Respondents shall begin using an appropriate form of monthly release
detection in accordance 329 IAC 9-7-2(1).
5.
Within thirty (30) days of the Effective
Date, Respondents shall submit documentation of a passing monthly release
report, in accordance with 329 IAC 9-7-4(4).
6.
Within thirty (30) days of the Effective
Date, Respondents shall investigate a suspected release in accordance with 329
IAC 9-4-1.
7.
All submittals required by this Agreed Order,
unless Respondents are notified otherwise in writing by IDEM, shall be sent to:
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Janet Arnold, Technical
Environmental Specialist |
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Office of Land Quality |
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Indiana Department of Environmental
Management |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
8.
Respondents are assessed
and agree to pay a civil penalty of Fifteen Thousand Dollars ($15,000). 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) monthly installments. The first installment payment in the amount
of Six Hundred and Twenty-Five Dollars ($625) is due within thirty (30) days of
the Effective Date; the 30th day being the “Due Date”. Thereafter, subsequent monthly payments in
the amount of Six Hundred and Twenty-Five Dollars ($625) shall be due on the 30th
day being the “Due Date”. Interest shall
accrue on unpaid amounts at the rate established by IC 24-4.6-1-101.
9.
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:
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Order Paragraph 3 |
$200 per week or part thereof late |
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Order Paragraph 4 |
$500 per week or part thereof late |
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Order Paragraph 5 |
$200 per week or part thereof late |
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Order Paragraph 6 |
$500 per week or part thereof late |
10.
Stipulated penalties shall be due and payable
no later than the 30th day after Respondents receive written notice
that Complainant has determined a stipulated penalty is due; the 30th
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 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.
11.
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:
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Indiana Department of Environmental
Management |
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Office of Legal Counsel |
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IGCN, Room N1307 |
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100 North Senate Avenue |
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Indianapolis, IN 46204 |
12.
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 11 above.
13.
This Agreed Order shall jointly and severally
apply to and be binding upon Respondents and their successors and assigns. Respondents’ signatories to this Agreed Order
certify that they are fully authorized to execute this
Agreed Order and legally bind the party they represent. No change in ownership, corporate, or
partnership status of Respondents shall in any way alter its status or
responsibilities under this Agreed Order.
14.
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.
15.
Respondents shall provide a copy of this
Agreed Order, if in force, to any subsequent owners or successors before ownership
rights are transferred. Respondents shall ensure that all
contractors, firms and other persons performing work under this Agreed Order
comply with the terms of this Agreed Order.
16.
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 their obligation
to comply with the requirements of its applicable permits or any applicable Federal
or State law or regulation.
17.
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.
18.
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 same violations
specified in the NOV.
19.
Nothing in this Agreed Order shall prevent
IDEM or anyone acting on its behalf from communicating with the 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 EPA
or any other agency or entity.
20.
This Agreed Order shall remain in effect
until IDEM issues a Resolution of Case letter to Respondents.
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TECHNICAL RECOMMENDATION: |
RESPONDENTS: |
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Department of Environmental
Management |
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By: _________________________ |
By:
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Nancy
Johnston, Section Chief |
GSD Petroleum |
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Enforcement
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Office of
Land Quality |
Printed: ______________________ |
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Title: ________________________ |
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Date: __________________ |
Date: _______________________ |
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By:
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S
& H PETROLEUM, |
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Printed: ______________________ |
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Title: ________________________ |
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Date: _______________________ |
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By:
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RAGHBIR
S PALIA, |
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Printed: ______________________ |
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Title: ________________________ |
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Date: _______________________ |
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COUNSEL FOR RESPONDENTS: |
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By: ________________________ |
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Date: ______________________ |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
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For the
Commissioner: |
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Signed
November 19, 2015 |
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Bruce H Palin |
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Assistant
Commissioner |
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Office of
Land Quality |
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