STATE OF
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BEFORE THE
INDIANA DEPARTMENT OF |
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COUNTY OF
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ENVIRONMENTAL
MANAGEMENT |
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COMMISSIONER
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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v. |
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Case No. 2020-27168-U |
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gsd petroleum llc and S singh inc., |
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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 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.
Respondent GSD Petroleum LLC owns the
Underground Storage Tank (“UST”) systems with UST Facility ID #4899, located at
7305 SR 60, parcel #10-17-08-700-361.000-031, in Sellersburg, Clark County,
Indiana (the “Site”).
3.
Respondent S Singh Inc. operates the UST
systems located at the Site.
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 United States Postal Service to:
GSD
Petroleum LLC, Property and UST Owner |
c/o
Gurpal Dhaliwal, Member |
9635
N. Granville Road |
Mequon,
Wisconsin 53097 |
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CT
Corporation, Registered Agent for |
GSD
Petroleum LLC |
150
West Market Street, Suite 800 |
Indianapolis,
Indiana 46204 |
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S
Singh Inc., UST Operator |
c/o
Sukhjeet Singh, President and Registered Agent |
7305
Apple Leaf Lane |
Sellersburg,
Indiana 47172 |
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 Clark
County Assessor’s Office, Respondent GSD Petroleum LLC is the owner of the USTs
and property at the Site.
7. During an investigation including an
inspection on November 20, 2019 conducted by a
representative of IDEM, the following violations were found:
a. Pursuant to 329 Indiana Administrative Code
(“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.
As noted during the inspection, the UST
operator entity has been administratively dissolved per the Indiana Secretary
of State. An updated notification form has not been received to date.
b. Pursuant to 329 IAC 9-8-11(a) and (b),
an owner or operator may satisfy the financial responsibility requirements of
section 4 of this rule by participation in the excess liability trust fund
under 328 IAC 1. Reimbursement from the fund is determined by compliance with
328 IAC 1.
(b) an owner or operator of:
(1) twelve (12) or fewer USTs shall
demonstrate the ability to pay the applicable deductible amount under IC
13-23-9-1.3; or
(2) more than twelve (12) USTs shall
demonstrate the ability to pay two (2) times the applicable deductible amount
under IC 13-23-9-1.3.
As noted during the inspection,
documentation of financial responsibility in accordance with 329 IAC 9-8-4 has
not been submitted.
c.
Pursuant to 329 IAC 9-1-1 and 40 Code of
Federal Regulations (“CFR”) 280.41(a)(1), tanks installed on or before December
26, 2018 must be monitored for releases at least every
30 days using one of the methods listed in § 280.43(d) through (i).
As noted during the inspection,
Respondents use SIR as the release detection method, but were unable to provide
twelve months of records.
Tank tightness test results dated
December 7, 2020 submitted.
d.
Pursuant to 329 IAC 9-1-1 and 40 CFR
280.41(b)(1)(i)(A), pressurized underground piping
installed on or before December 26, 2018 that
routinely contains regulated substances must be equipped with an automatic leak
detector conducted in accordance with § 280.44(a).
As noted during the inspection, records
of automatic line leak detector test results were not available.
Leak detection test result dated
December 7, 2020 submitted.
e.
Pursuant to 329 IAC 9-1-1 and 40 CFR
280.41(b)(1)(i)(B), pressurized underground piping installed
on or before December 26, 2018 that routinely contains
regulated substances must have an annual line tightness test conducted in
accordance with § 280.44(b) or have monthly monitoring conducted in accordance
with § 280.44(c).
As noted during the inspection, the test
results required under 329 IAC 9-1-1 and 40 CFR 280.41(b)(1)(i)(B) were not available.
Line tightness test result dated
December 7, 2020 submitted.
f. Pursuant to 40 CFR 280.31(b), all UST
systems equipped with cathodic protection systems must be inspected for proper
operation by a qualified cathodic protection tested in accordance with the
following requirements:
(1) Frequency. All cathodic protection
systems must be tested within 6 months of installation and at least every 3
years thereafter or according to another reasonable time frame established by
the implementing agency; and
(2) Inspection criteria. The criteria that
are used to determine that cathodic protection is adequate as required by this
section must be in accordance with a code of practice developed by a nationally
recognized association.
As noted during the inspection,
corrosion protection test results were not available for the USTs and the steel
piping located at the dispensers. The steel piping was in direct contact with
the soil/ground and has cathodic protection equipment installed (exception of
dispenser #5/6).
g. Pursuant to 40 CFR 280.20(b), the
piping that routinely contains regulated substances and in in contact with the
ground must be properly designed, constructed, and protected from corrosion in
accordance with a code of practice developed by a nationally recognized
association or independent testing laboratory.
As noted during the inspection, the STP
risers for the diesel and regular USTs have metal components that regularly
contain fuel in direct contact with the soil/ground without apparent corrosion
protection. In addition, dispenser #5/6 has steel piping in contact with the
soil/ground without corrosion protection equipment installed.
h. Pursuant to 40 CFR 280.20(c)(1)(i), to prevent spilling and overfilling associated with
product transfer to the UST system, owners and operators must use the following
spill and overfill prevention equipment:
(i) Spill
prevention equipment that will prevent release of product to the environment
when the transfer hose is detached from the fill pipe (for example, a spill
catchment basin).
As noted during the inspection, the
spill bucket on the main regular gasoline UST was damaged such that it will not
prevent release of product to the environment.
8. Respondents informed IDEM that a new
installation at the site will take place but due to manufacturing and shipping
delays the date is unknown.
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 listed
in the findings above.
3.
Within thirty (30) days of the Effective Date,
Respondents shall comply with 329 IAC 9-6-2.1(a). Specifically, Respondents
shall download and submit the “Thirty
(30) Day Notification of Intent to Close,” State Form 56553 from IDEM
webpage: https://www.in.gov/idem/5157.htm, under “Underground
Storage Tank (UST) Program.” This is for the old UST systems. Once downloaded
the form may be completed on-line or by hand and emailed to USTRegistration@idem.in.gov.
The completed form will not be accepted by mail.
4.
Within sixty (60) days of submitting the
“Thirty (30) Day Notification of Intent to Close”, Respondents shall have a
person certified by the Indiana Department of Homeland Security for
decommissioning USTs, perform a permanent closure by removal of the UST systems
at the Site in accordance with 329 IAC 9-6.
5.
Within thirty (30) days of the new installation,
Respondents shall comply with 329 IAC 9-2-2(c). Specifically, Respondents shall
download and submit the “Notification
Form for Underground Storage Tanks,” State Form from IDEM webpage: https://www.in.gov/idem/5157.htm, under “Underground Storage Tank (UST)
Program.” Once downloaded the form may
be completed on-line or by hand and emailed to USTRegistration@idem.in.gov. The
completed form will not be accepted by mail.
6.
Within thirty (30) days of the Effective Date,
Respondents shall comply with 329 IAC 9-8-11(a) and (b) or otherwise comply with
329 IAC 9-8-4. Specifically, Respondents shall submit documentation of the instrument
showing the required coverage.
7.
If UST system closure is not completed by the
end of December 2021, then Respondents shall comply with 40 CFR 280.31(b).
Specifically, Respondents shall have the four (4) USTs and flex connectors at
the dispensers fully inspected by a qualified cathodic protection tester and
submit the results and reports to IDEM no later than January 31, 2022.
8.
If UST system closure not completed by the end
of December 2021, then Respondents shall comply with 40 CFR 280.20(b).
Specifically, Respondents shall contract with a certified contractor to
determine if the piping or metal components in contact with the ground at the
STPs and beneath dispenser #5/6 are substandard and what steps will be taken to
provide corrosion protection and submit documentation of the repairs completed
to IDEM no later than January 31, 2022.
9.
If UST system closure not completed by the end
of December 2021, then Respondents shall comply with 40 CFR 280.20(c)(1)(i). Specifically, Respondents shall repair the spill bucket
on the main regular gasoline UST and submit written and photographic
documentation of repairs made no later than January 31, 2022.
10. 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 |
11. Respondents are assessed and agree to pay
a civil penalty of Thirty-Eight Thousand Seven Hundred Dollars ($38,700). Said
penalty amount shall be due and payable to the “Underground Petroleum Storage
Tank Trust Fund” in twelve (12) installments of Three Thousand Two Hundred
Twenty-Five Dollars ($3,225.00). The first installment shall be paid within
thirty (30) days of the Effective Date; the 30th day being the “Due
Date”. Remaining installment payments shall be made every thirty (30) days
thereafter. Interest shall be accrued on unpaid amounts at the rate established
by IC 24-4.6-1-101.
12. In the event that
Respondents do not complete the closure and new installation by the end of 2021,
the full civil penalty of Sixty-One Thousand Four Hundred Dollars ($61,400),
plus interest established by IC 24-4.6-1-101 on the remaining amount, less the
portion of the civil penalty Respondents have already paid, will be due within
fifteen (15) days from Respondents’ receipt of IDEM’s notice to pay. Interest,
at the rate established by IC 24-4.6-1-101, shall be calculated on the amount
due from the date which is thirty (30) days after the Effective Date of this
Agreed Order until the full civil penalty is paid.
13. 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:
Paragraph |
Penalty |
Order
paragraph #3 |
$100.00 per
week |
Order paragraph
#4 |
$100.00 per
week |
Order
paragraph #5 |
$100.00 per
week |
Order
paragraph #6 |
$100.00 per
week |
Order
paragraph #7 |
$100.00 per
week |
Order
paragraph #8 |
$100.00 per
week |
Order
paragraph #9 |
$100.00 per
week |
14. Stipulated penalties shall be due and
payable no later than the thirtieth day after Respondents receive written notice that Complainant has determined a
stipulated penalty is due; the thirtieth 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 a
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. Respondents
are jointly and severally liable for all stipulated penalty assessments.
15. 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 |
16. 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 15,
above.
17. Signatories to this Agreed Order certify
that they are fully authorized to execute this Agreed Order and legally bind
the party they represent.
18. 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.
19. No change in ownership, corporate, or
partnership status of Respondents
shall in any way alter the Respondents’ status or responsibilities under this
Agreed Order.
20. Respondents shall ensure that all contractors, firms, and other persons
performing work under this Agreed Order comply with the terms of this Agreed
Order.
21. 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.
22. 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.
23. 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.
24. 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 violations
specified in the NOV.
25. 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.
26. This Agreed
Order shall remain in effect until IDEM issues a Resolution of Case letter to
Respondents.
TECHNICAL
RECOMMENDATION: |
RESPONDENT: |
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Department
of Environmental Management |
GSD Petroleum LLC |
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By:
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By: _________________________ |
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Jennifer Reno, Section Chief |
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Enforcement Section |
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Office of Land Quality |
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Printed:
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Title:
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Date:
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Date:
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RESPONDENT: |
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S Singh Inc. |
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By: _________________________ |
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Printed:
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Title:
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COUNSEL
FOR RESPONDENT: |
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By: _________________________ |
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Date:
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COUNSEL
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By: _________________________ |
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Printed:
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Date:
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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For
the Commissioner: |
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Signed 11/4/21 |
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Peggy
Dorsey, Assistant Commissioner |
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Office
of Land Quality |
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