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STATE OF
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BEFORE THE
INDIANA DEPARTMENT OF |
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COUNTY OF
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ENVIRONMENTAL
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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. 2021-27886-U |
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TRUEBLOOD OIL CORPORATION, |
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PARAMJIT SINGH, JASPAL KAUR, |
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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, Trueblood Oil Corporation
(“Respondent), owns and operates the facility with Facility ID No. 2932,
located at 3409 North High School Road, in Indianapolis, Marion County, Indiana
(“Site”).
3.
Respondents, Paramjit Singh and Jaspal Kaur,
own Parcel #49-05-24-151-017.000-901 located at 3409 North High School Road,
Indianapolis, Marion County, Indiana (the “Site”). The UST systems are
installed at the Site.
4.
Respondent,
Trueblood Oil Corporation, owns and operates two 12,000-gallon steel USTs
installed in July 1990. The piping is single walled fiberglass.
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”) on August 11, 2021, via
Certified Mail to:
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Paramjit
Singh, President and Registered Agent for |
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Trueblood
Oil Corporation |
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12913
Broncos Drive |
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Fishers,
Indiana 46037 |
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Paramjit
Singh and Jaspal Kaur, Property Owners |
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3409
North High School Road |
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Indianapolis,
Indiana 46224 |
7.
During an investigation including an inspection
on October 8, 2020, conducted by a representative of IDEM, the following
violations were found:
a. Pursuant to 329 Indiana Administrative
Code (“IAC”) 9-2-2(a), all notifications required to be submitted under this
article must be submitted on a form provided by the department and in a format
prescribed by the commissioner.
As noted during the inspection, the premium fill port was observed to not be equipped with an auto
shut off device. A rectifier box was not present and other corrosion protection
records were not available on-site. The facility representative also stated
there was no ATG on-site, and the inspector did not observe one. Previous
notification forms have listed auto shut off as the overfill prevention
equipment installed and ATG as the form of release detection.
An
updated notification form was submitted on April 10, 2015; however,
deficiencies were noted, and a Notice of Deficiency (NOD) issued June 3, 2015.
A
notification form was submitted on October 25, 2021, was submitted.
Deficiencies were noted and a NOD issued November 8, 2021. A corrected form has
not been received to date.
b. Pursuant to 40 Code of Federal
Regulations (“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, a
records request was issued January 8, 2020. No response was provided, and the
facility representative stated no records were available on-site.
c. Pursuant to 329 IAC 9-8-11(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, a
mechanism of financial responsibility was not provided.
On December 6 and 21, 2021, Respondent
submitted a letter of credit; however, it did not contain information required
by statute.
d. Pursuant to 40 CFR 280.21(d), to
prevent spilling and overfilling associated with product transfer to the UST
system, all existing UST systems must comply with UST system spill and overfill
prevention equipment requirements specified in § 280.20(c).
As noted during the inspection, the
regular spill bucket was not installed to standard, and the premium fill port
was not observed to have an auto shut off device installed.
Documentation submitted showing the
regular spill bucket was replaced in September 2021, and coaxial drop tubes
installed on both tanks in October 2021.
e. Pursuant to 40 CFR 280.31(a), all
corrosion protection systems must be operated and maintained to continuously
provide corrosion protection to the metal components of that portion of the
tank and piping that routinely contain regulated substances and are in contact
with the ground.
As noted during the inspection, the
facility representative stated that no corrosion protection testing records
were available on-site.
Documentation of corrosion protection
testing dated March 1, 2021, was 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 tester 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, Respondents
failed to have the cathodic protection systems tested by a qualified cathodic
protection tester as required.
Respondents submitted documentation of
cathodic testing results dated March 1, 2021.
g. Pursuant to 40 CFR 280.40(a)(1), owners
and operators of UST systems must provide a method, or combination of methods,
of release detection that can detect a release from any portion of the tank and
the connected underground piping that routinely contains product.
As noted during the inspection, the
inspector was unable to gain access to the room where the ATG was kept, and
release detection records for the USTs and piping was not available.
Respondents submitted documentation of installation
of a new ATG, and functionality test dated March 1, 2021.
h. Pursuant to 40 CFR 280.41(b)(1)(i)(A), considering previous Indiana rules at 329 IAC
9-2-1(2)(D) and 329 IAC 9-3-1.3 (both
repealed 2018), pressurized underground piping installed on or before September
2, 2009 that routinely contains regulated substances must be equipped with an
automatic line leak detector conducted in accordance with § 280.44(a); and 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
annual leak detector test was not provided.
Respondents submitted documentation of
leak detector testing dated March 1, 2021.
7. 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 of fact above.
3.
Immediately upon the Effective Date, Respondents
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, Respondents
shall comply with 329 IAC 9-2-2(a). Specifically, Respondents shall download
and submit the “Notification Form for
Underground Storage Tanks,” State Form 45223 from IDEM webpage: https://www.in.gov/idem/5157.htm,
under “Underground Storage Tank (UST) Program” indicating the correct overfill
protection equipment installed, release detection method, and corrosion
protection method for the 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 thirty (30) days of the Effective Date,
Respondents shall comply with 329 IAC 9-8-11(b). Specifically, Respondents
shall submit a copy of the instrument proving they have the coverage required
by this rule.
6.
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 |
7.
Respondents are assessed and agree to pay a
civil penalty of Fifteen Thousand Eight Hundred Forty Dollars ($15,840.00). Said
penalty amount shall be due and payable to the Underground Petroleum Storage
Tank Trust Fund in twelve (12) monthly installments. The first installment of One Thousand Three
Hundred Twenty Dollars ($1,320.00) shall be paid within thirty (30) days of the
Effective Date; the 30th day being the “Due Date”, and the 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.
8.
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 late |
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Order
paragraph #5 |
$100.00 per
week late |
9.
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.
10.
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 |
11.
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 10, above.
12.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
13.
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.
14.
No change in ownership, corporate, or
partnership status of Respondents
shall in any way alter the Respondents’ status
or responsibilities under this Agreed Order.
15.
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.
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.
17.
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.
18.
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.
19.
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.
20.
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.
21.
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 |
Trueblood
Oil Corporation |
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By:
_______________________ |
By:_________________________ |
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Jennifer Reno, Section Chief |
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Land Enforcement Section |
Printed:
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Office of Land Quality |
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Title:
________________________ |
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Date:
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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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DAY OF |
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20__. |
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For
the Commissioner: |
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Signed 1/28/2022 |
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Peggy
Dorsey, Assistant Commissioner |
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Office
of Land Quality |
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