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STATE OF
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BEFORE THE
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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. 2020-27237-U |
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sb food mart inc. and SuKHjinder |
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SINGH, |
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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 SB Food Mart Inc. owns the
Underground Storage Tank (“UST”) systems, with UST Facility ID #2243, located
at 500 E. Center Road parcel #34-10-18-354-005.000-015, in Kokomo, Howard
County, Indiana (the “Site”).
3.
Respondent Sukhjinder
Singh operates the UST systems located at the Site.
4. IDEM has jurisdiction over the parties
and the subject matter of this action.
4.
Pursuant to IC 13-30-3-3, IDEM issued a Notice
of Violation (NOV) via United States Postal Service (“USPS”) to:
5.
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Sukhjinder Singh,
President and Registered Agent for |
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SB Food Mart
Inc. |
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500 E.
Center Road |
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Kokomo,
Indiana 46902 |
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SB Food Mart
Inc., UST and Property Owner |
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3128
Springwater Court |
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Kokomo,
Indiana 46902 |
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Sukhjinder Singh, UST
Operator |
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7042
Cohasset Court, Apt. 3A |
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Indianapolis,
Indiana 46226 |
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Sukhjinder Singh, UST
Operator |
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500 E.
Center Road |
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Kokomo,
Indiana 46902 |
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 Howard County Assessor’s Office,
Respondent SB Food Mart Inc. is the deeded owner of the Site.
7. During an investigation including an
inspection on November 25, 2019 conducted by a representative of IDEM, the
following violations were found:
a. Pursuant to IC 13-23-12-1, each year
the owner of an underground storage tank that has not been closed before
January 1 of any year under the rules adopted under IC 13-23-1-2; or a
requirement imposed by the commissioner before the adoption of rules under IC
13-23-1-2; shall pay to the department of state revenue an annual registration
fee. The annual registration fee required by this section is ninety dollars
($90) for each underground petroleum storage tank; or two hundred forty-five
dollars ($245) for each underground storage tank containing regulated
substances other than petroleum. If an underground storage tank consists of a
single tank in which there are separate compartments, a separate fee shall be paid
under subsection (b) for each compartment within the single tank. If an
underground storage tank consists of a combination of tanks, a separate fee
shall be paid under subsection (b) for each compartment within each tank in the
combination of tanks.
As noted during the inspection, UST fees
have not been paid for the Site since 2017.
Payment of UST fees received on October
20, 2020.
b. 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, a
notification form has not been submitted in accordance with 329 IAC 9-2-2(c).
On December 11, 2019, a notification
form was submitted; however, it was deficient, and a Notice of Deficiency
issued on December 16, 2019.
Corrected notification form received on
December 22, 2020.
c. Pursuant
to 329 IAC 9-8-11(b), an owner or operator of:
(1) twelve 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,
financial responsibility documentation has not been submitted in accordance
with 329 IAC 9-8-4.
Financial responsibility documentation
received on November 18, 2020.
d. Pursuant to 40 Code of Federal
Regulations (“CFR”) 280.40(a)(2), owners and operators of UST systems must
provide a method, or combination of methods, of release detection that is installed
and calibrated in accordance with the manufacturer’s instructions.
As noted during the inspection, the Automatic
Tank Gauge (“ATG”) was not receiving data from sensor #3.
On December 31, 2020, Respondent
submitted results of the sensors being tested.
e. 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 line leak detector conducted in
accordance with § 280.44(a).
As noted during the inspection,
current line leak detector test results were not provided.
Line leak detector and line
tightness test results were submitted November 18, 2020.
f. Pursuant to 40 CFR 280.240, not later
than October 13, 2018, all owners and operators of UST systems must ensure they
have designated Class A, Class B, and Class C operators who meet the
requirements of this subpart.
As noted during the inspection, Class A,
Class B, and Class C operator certificates were not available.
Class A and Class B operator
certificates were submitted on December 22, 2020.
g. Pursuant to 40 CFR 280.34, owners and
operators of UST systems must cooperate fully with inspections, monitoring and
testing conducted by the implementing agency, as well as requests for document
submission, testing, and monitoring by the owner or operator pursuant to
section 9005 of Subtitle I of the Solid Waste Disposal Act, as amended.
As noted during the inspection,
compliance documentation was not provided in response to IDEM’s Records Request
dated November 22, 2019.
Compliance documentation was submitted
on November 18, 2020, November 23, 2020, and December 22, 2020.
8. 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. All submittals required by this Agreed
Order, unless Respondents are notified otherwise in writing by IDEM, shall be
sent to:
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Jodi Pisula, Enforcement Case Manager |
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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 |
4. Respondents are assessed and agree to
pay a civil penalty of Twenty Thousand Four Hundred Dollars ($20,400.00). Said penalty amount shall be due and payable
to the Underground Petroleum Storage Tank Trust Fund in twelve (12)
installments. The monthly installment payments shall be One Thousand Seven
Hundred Dollars ($1,700.00) each. The first installment shall be paid within
thirty (30) days of the Effective Date; the 30th day being the “Due
Date”, and the remaining payments shall be made every thirty (30) days
thereafter. Interest shall accrue on
unpaid amounts at the rate established by IC 24-4.6-1-101.
5. 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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Paragraph |
Penalty |
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Order
paragraph #4 |
$100.00 per
week |
6. 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.
7. 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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Accounts
Receivable |
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IGCN,
Room 1340 |
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100
North Senate Avenue |
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Indianapolis,
IN 46204 |
8. 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 7, above.
9. Signatories to this Agreed Order
certify that they are fully authorized to execute this Agreed Order and legally
bind the party they represent.
10. 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.
11. No change in ownership, corporate, or
partnership status of Respondents
shall in any way alter the Respondents’ status or responsibilities under this
Agreed Order.
12. Respondents shall ensure that all contractors, firms, and other persons
performing work under this Agreed Order comply with the terms of this Agreed
Order.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. This Agreed
Order shall remain in effect until IDEM issues a Resolution of Case letter to
Respondents.
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TECHNICAL
RECOMMENDATION: |
RESPONDENT: |
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Department of Environmental Management |
SB Food Mart Inc., UST
and Property Owner |
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By: _________________________ |
By:
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Jennifer
Reno, Chief |
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Land
Enforcement Section |
Printed: ______________________ |
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Compliance
Branch |
Title: ________________________ |
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Office of
Land Quality |
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Date: __________________ |
Date: _______________________ |
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RESPONDENT: |
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Sukhjinder Singh, UST Operator |
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By: _________________________ |
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Printed:
______________________ |
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Title:
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Date:
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COUNSEL FOR RESPONDENT: |
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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
THIS |
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For the Commissioner: |
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Signed 3/25/2021 |
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Peggy Dorsey, Assistant Commissioner |
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Office of Land Quality |
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