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. 2017-24387-U

 

 

)

 

HLH Investment inc.,

 

)

 

 

 

)

 

Respondent.

 

)

 

 

AMENDMENT TO AGREED ORDER EXECUTED FEBRUARY 28, 2018

 

Come now the parties of this cause, and desiring to modify and amend the Agreed Order executed by IDEM on February 28, 2018, hereby consent to the following amendment to the Agreed Order of February 28, 2018.

 

Agreed Modification

 

This Amendment shall modify the Order section of the Agreed Order executed by IDEM on February 28, 2018.The Order section is hereby amended to read as follows:

 

II.ORDER

 

1.               This Agreed Order shall be effective (ďEffective DateĒ) when it is approved by Complainant or Complainantís delegate, and has been received by Respondent. This Agreed Order shall have no force or effect until the Effective Date.

 

2.               Within sixty (60) days of the Effective Date, Respondent shall complete and submit to IDEM State Form 45223, Notification for Underground Storage Tanks.

 

3.               Within sixty (60) days of the Effective Date, Respondent shall provide documentation showing the ATG system has been reprogramed by a certified contractor.

 

4.               Within sixty (60) days of the Effective Date, Respondent shall perform monthly release detection in accordance with the Rule and submit the results to IDEM on a monthly basis for a period of six (6) months for compliance monitoring.

 

5.               Respondent shall ensure compliance with 329 IAC 9-3-1(d). Release detection records must be maintained at the UST facility or a readily available alternative site and be provided upon request.

 

6.               Respondent shall ensure compliance with underground storage tank rules, as outlined in 329 IAC Article 9 Underground Storage Tanks.

 

7.               All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

 

Amy Elliott, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

8.               This Agreed Order shall apply to and be binding upon Respondent and its successors and assigns. Respondentís 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 Respondent shall in any way alter their status or responsibilities under this Agreed Order.

 

9.               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.

 

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

 

11.           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 IDEMís review or approval of any submittal made by Respondent pursuant to this Agreed Order, shall not in any way relieve Respondent of its obligation to comply with the requirements of their applicable permits or any applicable Federal or State law or regulation.

 

12.           Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that Respondentís 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 Respondent may incur as a result of Respondentís efforts to comply with this Agreed Order.

 

13.           Nothing in this Agreed Order shall prevent or limit IDEMís 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.

 

14.           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 Respondent may incur as a result of such communications with the EPA or any other agency or entity.

 

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

 

TECHNICAL RECOMMENDATION:

RESPONDENT:

Department of Environmental Management

 

 

 

By: _________________________

By:_________________________

 

Nancy Johnston, Section Chief

 

 

Enforcement Section

Printed: ______________________

Office of Land Quality

 

 

Title: ________________________

Date: _______________________

 

 

Date: ________________________

 

 

 

 

 

 

 

COUNSEL FOR RESPONDENT:

 

 

 

 

 

By: ________________________

 

 

 

 

Date: _______________________

 

 

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

______

DAY OF

________________________,

20__.

 

 

For the Commissioner:

 

 

 

___Signed 5/21/19_

 

Peggy Dorsey, Assistant Commissioner

 

Office of Land Quality