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. 2021-27768-U
					)
CONVENIENCE STORES LEASING &					)
MANAGEMENT, LLC,					)
					)
Respondent.					)

AMENDMENT TO AGREED ORDER OF October 6, 2021

Come now the parties of this cause and desiring to modify and amend the Agreed Order entered in this case on October 6, 2021, hereby consent to the following amendments to the Agreed Order of October 6, 2021.

Agreed Modification

1. This Amendment shall modify the Order section of the Agreed Order.

2. Modification of the October 6, 2021, Agreed Order is limited to the items specifically addressed in the document.

3. This amendment to the Agreed Order shall be effective (“Effective Date”) when it is approved by the Complainant and shall have no force or effect until the Effective Date.

4. The existing language shall be replaced with the following:

3. Immediately upon the Effective Date, Respondent shall comply with 40 CFR 280.34. Specifically, Respondent shall 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 to IDEM.

4. Within thirty (30) days of the Effective Date, Respondent 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.

5. 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.

6. Within thirty (30) of the new installation, Respondent 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.

7. Within thirty (30) days of the Effective Date, Respondent shall submit documentation of financial responsibility to IDEM.

8. If UST system closure and new installation is not completed by April 30, 2022, then Respondent shall comply with 40 CFR 280.31(b). Specifically, Respondent shall have the premium UST fully inspected by a qualified cathodic protection tester and submit the documents and/or results to IDEM.

9. If UST system closure and new installation is not completed by April 30, 2022, then Respondent shall upon notification of a failed test result under Order paragraph 8, a structural integrity test of the premium UST shall be performed, and the result submitted to IDEM.

10. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 280.34(a)(3) referencing 40 CFR 280.50. Specifically, Respondent shall submit to IDEM reports of releases and suspected releases of regulated substances.

11. All submittals required by this Agreed Order, unless IDEM notifies the Respondent otherwise in writing, 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

12. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Twelve Thousand Dollars ($12,000.00). Said penalty amount shall be due and payable to the “Underground Petroleum Storage Tank Trust Fund” in twelve (12) installments. The first (1) installment of One Thousand Dollars ($1,000.00) shall be paid within thirty (30) days of the Effective Date; the 30^th 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.

13. In the event the terms and conditions of the following paragraphs are violated, Complainant may assess, and Respondent shall pay stipulated penalties in the following amounts:

Paragraph	Stipulated 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
Order paragraph #10	$100.00 per week

14. Stipulated penalties shall be due and payable no later than the thirtieth day after Respondent receives written notice that Complainant has determined a stipulated penalty is due; the thirtieth day being the “Due Date.” Complainant may notify Respondent at any time that a stipulated penalty is due. Failure to notify Respondent 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 Respondent for violation of this Agreed Order. Neither assessment nor payment of stipulated penalties shall preclude Complainant from seeking additional relief against Respondent 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.

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, Respondent 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 Respondent pays 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 apply to and be binding upon Respondent and all successors and assigns. Respondent 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 Respondent shall in any way alter the Respondent’s status or responsibilities under this Agreed Order.

20. Respondent 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 Respondent pursuant to this Agreed Order, shall not in any way relieve Respondent 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 Respondent’s 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 Respondent’s 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 Respondent 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 Respondent.

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management				Convenience Stores Leasing & Management, LLC
By:				By: _________________________
	Jennifer Reno, Chief
	Land 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 1/25/2022
				Peggy Dorsey
				Assistant Commissioner
				Office of Land Quality