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STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
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Complainant, |
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Case No. 2021-28122-U |
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PPS ENTERPRISES LLC AND |
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PAWANDEEP SOOCH, |
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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.
3.
Respondent Pawandeep Sooch operates the UST systems located at 7755 Park Place Drive parcel #87-12-23-314-007.000-019, in Newburgh, Warrick County,
Indiana (the “Site”).
4. Respondents own and operate one
15,000-gallon UST and a 6,000-gallon and 4,000-gallon compartmented UST. The
USTs are double walled, installed in May 2011. Construction material is
unknown. The piping is fiberglass, double walled, and pressurized.
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”) via Certified Mail to:
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Pawandeep Sooch, Member of |
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PPS
Enterprises LLC |
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UST
and Property Owner |
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8533
Lakeshore Drive |
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Newburgh,
Indiana 47360 |
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Sushma
Bedi, Registered Agent for |
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PPS
Enterprises LLC |
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8533
Lakeshore Drive |
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Newburgh,
Indiana 47360 |
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Pawandeep Sooch, UST Operator |
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3711
Joseph Court |
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Newburgh,
Indiana 47360 |
7. During an investigation including an
inspection on August 9, 2021 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 notification form submitted on October 14, 2014
was rejected on January 23, 2015. An updated form has not been submitted.
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,
Respondents failed to submit the documentation requested by IDEM’s July 16, 2021 letter as required.
c. Pursuant to 329 IAC 9-8-4(b), an owner
or operator of a petroleum underground storage tank shall demonstrate financial
responsibility for taking corrective action and for compensating third parties
for bodily injury and property damage caused by accidental releases arising
from the operation of a petroleum underground storage tank in at least the
following annual aggregate amounts:
(1) For an owner or operator of one (1) to
one hundred (100) petroleum underground storage tanks, one million dollars
($1,000,000).
(2) For an owner or operator of one hundred
one (101) or more petroleum underground storage tanks, two million dollars
($2,000,000).
As noted during the inspection, Respondents
failed to demonstrate a current Financial Responsibility mechanism.
Financial responsibility mechanism
submitted by Respondents.
d. Pursuant to 40 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.
Documentation dated February 2, 2022 submitted showing sensors installed in the STPs.
Documentation dated March 7, 2022 submitted showing
jumper lines installed in the UDCs.
e. Pursuant to 40 CFR 280.41(a)(2), and
previously 329 IAC 9-3-1.3 (repealed 2018), tanks installed after September 2, 2009 must be monitored for releases at least every 30 days
using the method listed in § 280.43(g).
As noted during the inspection,
Respondents failed to provide twelve (12) months of interstitial monitoring
release detection records for the USTs.
Documentation of passing tank tightness
testing dated March 7, 2022 submitted.
f. Pursuant to 40 CFR 280.41(b)(2), and
previous Indiana rules 329 IAC 9-2-1(2)(D) and 329 IAC 9-3-1.3 (both repealed
2018), piping installed or replaced after September 2, 2009
must meet one of the following:
(i) Pressurized
piping must be monitored for releases at least every 30 days in accordance with
§ 280.43(g) and be equipped with an automatic line leak detector in accordance
with § 280.44(a)
(ii) Suction piping must be monitored for
releases at least every 30 days in accordance with § 280.43(g).
As noted during the inspection,
Respondents failed to provide line thightness test results
for the onsite pressurized piping.
g. Pursuant to 40 CFR 280.41(b)(2), and
previous Indiana rules 329 IAC 9-2-1(2)(D) and 329 IAC 9-3-1.3 (both repealed
2018), piping installed or replaced after September 2, 2009
must be monitored in accordance with § 280.43(g).
Pursuant to 40 CFR 280.43(g), interstitial
monitoring between the UST system and a secondary barrier immediately around or
beneath it may be used, but only if the system is designed, constructed, and
installed to detect a leak from any portion of the tank that routinely contains
product and also meets one of the following
requirements:
(1) For double walled UST systems, the
sampling or testing method can detect a leak through the inner wall in any
portion of the tank that routinely contains product;
(2) For UST systems with a secondary barrier
within the excavation zone, the sampling or testing method used can detect a
leak between the UST system and the secondary barrier.
As noted during the inspection, sensors
in the STP and UDCs were not present. Schrader valves were also present on the
drain plug in the STP and UDCs which would prevent any liquid present within
the interstitial space from draining into the STP and/or UDC to trigger the
sensors.
Documentation dated February 2, 2022 submitted showing sensors installed in the STPs.
Documentation dated March 7, 2022 submitted showing no
caps or cores on schrader valves in all the STP sumps.
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 premium spill bucket was
observed to be over half filled with fluid and would not function as designed
in the event of a spill or overfill.
Documentation
dated January 21, 2022 submitted showing the liquid
removed from the premium spill bucket.
i. Pursuant
to 40 CFR 280.20(c)(1)(ii), 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:
(ii) Overfill prevention equipment that will:
(A) Automatically shut off flow into the tank
when the tank is no more than 95 percent full; or
(B) Alert the transfer operator when the tank
is no more than 90 percent full by restricting the flow into the tank or
triggering a high-level alarm; or
(C) Restrict flow 30 minutes prior to
overfilling, alert the transfer operator with a high-level alarm one minute
before overfilling, or automatically shut off flow into the tank so that none
of the fittings located on top of the tank are exposed to product due to
overfilling.
As noted
during the inspection, auto shutoff devices were not
observed in the fill ports, but previous notification forms indicated auto shut
off devices were present.
Documnetation dated August 9,
2021 submitted verifying ball float valves present.
j. Pursuant to 40 CFR 280.35(a)(1), spill
prevention equipment (such as a catchment basin, spill bucket, or other spill
containment device) and containment sumps used for interstitial monitoring of
piping must prevent releases to the environment by meeting one of the
following:
(i) The
equipment is double walled and the integrity of both
walls is periodically monitored at a frequency not less than the frequency of
the walkthrough inspections described in §280.36. Owners and operators must
begin meeting paragraph (a)(1)(ii) of this section and conduct a test within 30
days of discontinuing periodic monitoring of this equipment;
or
(ii) The spill prevention equipment and
containment sumps used for interstitial monitoring of piping are tested at
least once every three years to ensure the equipment is liquid tight by using
vacuum, pressure, or liquid testing in accordance with one of the following
criteria:
(A)
Requirements
developed by the manufacturer (Note: Owners and operators may use this
option only if the manufacturer has developed requirements);
(B)
Code
of practice developed by a nationally recognized association or independent
testing laboratory; or
(C)
Requirements
determined by the implementing agency to be no less protective of human health
and the environment than the requirements listed in paragraphs (1)(1)(ii)(A)
and (B) of this section.
As noted during the inspection, periodic
spill prevention and sump testing reports were not provided.
Documentation submitted of UDC and containment sump testing dated August 9, 2021, and
spill bucket testing dated January 1, 2022.
As noted during the inspection, an overfill prevention test report was not provided.
Documentation of overfill testing dated
August 9, 2021 submitted.
As noted during the inspection, Respondents failed to conduct a walkthrough inspection
every 30 days, at a minimum, to check spill prevention equipment and release
detection equipment.
Documentation of walkthrough inspections
for January, February, and March 2022 submitted.
m. Pursuant to 40 CFR 280.40(a)(3)(i), 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; is installed and calibrated in accordance with the
manufacturer's instructions; and beginning on October 13, 2018, is operated and
maintained, and electronic and mechanical components are tested for proper
operation, in accordance with one of the following: manufacturer's
instructions; a code of practice developed by a nationally recognized
association or independent testing laboratory; or requirements determined by
the implementing agency to be no less protective of human health and the
environment than the two options listed in paragraphs (a)(1) and (2) of this
section. A test of the proper operation must be performed at least annually
and, at a minimum, as applicable to the facility, cover the following
components and criteria: automatic tank gauge and other controllers: test alarm;
verify system configuration; test battery backup.
As noted during the inspection, the annual test
report for the ATG related to required monitoring was not provided.
Documenation of the ATG
testing dated March 31, 2021 submitted.
As noted during the inspection, Respondents failed to perform an annual proper operation
test (components and criteria) of the probes and sensors related to
interstitial monitoring.
Documentation of sensor testing dated
February 2, 2022 submitted.
o. Pursuant to 40 CFR 280.245, owners and operators of underground storage tank systems
must maintain a list of designated Class A, Class B, and Class C operators and
maintain records verifying that training and retraining, as applicable, have
been completed, in accordance with § 280.34.
As noted during the inspection, Class A, Class B, and Class C operator certificates were
not provided.
Operator certificates were provided on
August 30 and 31, 2021.
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 of fact above.
3.
Effective Immediately, Respondents shall comply
with 40 CFR 280.34. Specifically, Respondents 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.
4.
Within fifteen (15) days of the Effective Date,
Respondents shall comply with 329 IAC 9-2-2(c). Specifically, Respondent shall download,
complete, 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.” 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.
All submittals required by this Agreed Order,
unless Respondent is 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 |
6.
Pursuant to IC 13-30-4-1, Respondents are
assessed and agree to pay a civil penalty of Twenty-Six Thousand Three Hundred
Twenty Dollars ($26,320.00). Said penalty amount shall be due in four (4)
monthly installments of Six Thousand Five Hundred Eighty Dollars ($6,580.00). Respondents
are jointly and severally liable for all civil penalty assessments, including
stipulated penalties. Respondents shall pay by the due date printed on the
attached Invoice and any subsequent invoices received in accordance with the
agreed upon payment plan.
Civil and stipulated penalties are
payable to the “Underground Petroleum Storage Tank Trust Fund” by:
Mail:
Civil 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 |
Online:
Accounts Receivable is accepting
payments online by e-Check, Master Card, Visa or Discover. Please visit www.IN.gov/IDEM.
Under Online Services, click Online Payment options and follow the prompts. A
processing fee of $1 plus 1.99% will be charged for credit card payments.
A processing fee of $1.00 will be charged for eCheck
payments.
The Case Number is required to complete
the process.
Phone:
You may also call us at 317-234-3099 and
follow the instructions for Master Card, Visa or Discover payments. A
processing fee of $1 plus 1.99% will be charged for credit card payments.
A processing fee of $1.00 will be charged for eCheck
payments.
The Case Number is required to complete
the process.
7.
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
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$100.00 per
week |
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Order
paragraph #4 |
$100.00 per
week |
8.
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.
9.
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 12, above.
10.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
11.
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.
12.
No change in ownership, corporate, or
partnership status of Respondents
shall in any way alter the Respondents’ status
or responsibilities under this Agreed Order.
13.
Respondents shall ensure that all contractors, firms, and other persons
performing work under this Agreed Order comply with the terms of this Agreed
Order.
14.
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.
15.
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.
16.
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.
17.
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.
18.
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.
19.
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 |
PPS Enterprises LLC |
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By:
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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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RESPONDENT: |
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Pawandeep Sooch |
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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
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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
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Signed 4/27/2022 |
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Peggy
Dorsey, Assistant Commissioner |
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Office
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