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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. 2021-28329-U |
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SB MADISON PROPERTIES INC., SB |
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MADISON BP CORPORATION, PAUL |
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SINGH, DAVE SINGH, SARBJIT 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.
Respondents are SB Madison Properties Inc., SB
Madison BP Corporation, Paul Singh, Dave Singh, and Sarbjit
Singh, (“Respondents) who own/operate the facility with Facility ID No. 40089 located
at 6960 Madison Avenue in Indianapolis, Marion County, Indiana (“Site”).
3.
Respondents
own and operate one 12,000-gallon regular unleaded gasoline UST, one
6,000-gallon premium unleaded gasoline UST, and one 6,000-gallon diesel UST,
all installed approximately in 2011. Date of installation, tank construction material,
piping construction material, and all other tank information unknown due to
site being unregistered and operating.
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 Certified Mail on March 15, 2022
to:
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Manpreet
Kaur, President and Registered Agent of |
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SB
Madison Properties Inc. |
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6960
Madison Avenue |
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Indianapolis,
Indiana 46227 |
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Amarjit
Kaur, President and Registered Agent of |
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SB
Madison BP Corporation |
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2701
Lafayette Road |
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Indianapolis,
Indiana 46222 |
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Paul
Singh, UST Owner |
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6755
Robin Hood Court |
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Indianapolis,
Indiana 46227 |
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Dave
Singh |
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3210
E. Thompson Road |
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Indianapolis,
Indiana 46227 |
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Sarbjit Singh |
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6755
Robin Hood Court |
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Indianapolis,
Indiana 46227 |
6.
During an investigation including an inspection
on October 14, 2021 conducted by a representative of
IDEM, the following violations were found:
a. Pursuant to 329 Indiana Administrative
Code (“IAC”) 9-2-2(b), the owner of a UST system, UST, or tank shall submit a
notification form to register the UST system, UST, or tank to the department
within thirty (30) days of becoming the owner of, or bringing into use, the UST
system, UST, or tank. Bringing a tank or UST system “into use” means the tank
or UST system contains or has contained a regulated substance and has not been
closed under 329 IAC 9-6.
As noted during the inspection, the Site has been actively operating and selling gasoline and/or
diesel fuel for approximately ten (10) years and has not submitted an Initial
Registration.
Receipt
of an initial registration/notification form was received on May 17, 2022.
b. Pursuant to 329 IAC 9-8-4(a), 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 a per occurrence
amount of at least one million dollars ($1,000,000).
As noted during the inspection, documentation
of financial responsibility has not been provided.
Documentation of financial
responsibility submitted on July 11, 2022.
c. Pursuant to 40 Federal Code of
Regulations (“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 for the regular unleaded (“RUL”)
tank had multiple cracks within the sidewall, and in the event of a spill or overfill
would not function as designed in preventing a release.
Documentation
of replacement of the RUL spill bucket dated June 13, 2022
submitted July 13, 2022.
d. 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,
documentation detailing the periodic monitoring
and/or testing of the spill prevention equipment (spill buckets) and
containment sumps used for interstitial monitoring was not provided.
Documentation
of spill bucket testing, under dispenser containment (“UDC”), and submersible
turbine pump (“STP”) containment sump test results dated June 13, 2022 submitted July 5, 2022. The STP test was invalid due to
water level too low and not waiting fifteen minutes before beginning test. STP
re-tested July 7, 2022 submitted July 11, 2022.
e. Pursuant to 40 CFR
280.35(a)(2), overfill
prevention equipment must be inspected at least once every three years. At a
minimum, the inspection must ensure that overfill prevention equipment is set
to activate at the correct level specified in § 280.20(c) and will activate
when regulated substance reaches that level. Inspections must be conducted in
accordance with one of the criteria in paragraph (a)(1)(ii)(A) through (C) of
this section.
As noted during the inspection,
documentation detailing the periodic
testing of the overfill prevention equipment was not provided.
Documentation
of removal of the ball float valves (“BFV”) and installation of drop tubes with
automatic shut off (“ASD”) and testing dated July 7, 2022
submitted July 11, 2022.
f. Pursuant to 40 CFR
280.36(a)(1)(i), to properly operate and maintain UST
systems, not later than June 28, 2021, owners and operators must conduct a
walkthrough inspection every 30 days that, at a minimum, checks spill
prevention equipment and release detection equipment (Exception: spill
prevention equipment at UST systems receiving deliveries at intervals greater
than every 30 days may be checked prior to each delivery).
As noted during the inspection,
documentation detailing the monthly
walkthrough inspections from July, August, and September 2021 were not
provided.
Documentation
of walkthrough inspection submitted July 12, 2022.
g. 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,
documentation detailing the annual ATG
certification/testing was not provided.
Documentation
of ATG certification dated May 9, 2022 submitted July
5, 2022.
h. Pursuant to 40 CFR
280.40(a)(3)(ii), 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: probes and sensors: inspect for residual buildup;
ensure floats move freely; ensure shaft is not damaged; ensure cables are free
of kinks and breaks; test alarm operability and communication with controller.
As noted during the inspection,
documentation detailing the annual
probes and sensors certification/testing was not provided.
Documentation
of probe testing dated May 9, 2022 submitted July 5,
2022. Interstitial monitoring (“IM”) piping sensor testing and IM tank sensor
testing dated May 9, 2022 submitted July 13, 2022.
i. Pursuant to 40 CFR 280.40(a)(3)(iii), 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 line leak detector: test operation to meet
criteria in § 280.44(a) by simulating a leak.
As noted during the inspection, the
automatic line leak detector test result was not provided.
j. 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,
twelve (12) months of interstitial
monitoring records for the tanks was not provided.
Documentation of tank tightness
testing (“TTT”) dated May 9, 2022 submitted July 5,
2022.
k. 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, twelve
(12) months of interstitial monitoring records for the piping was not provided.
Documentation
of line tightness testing (“LTT”) dated May 9, 2022
submitted July 5, 2022.
l. 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, Respondents failed to have designated Class A, Class B, and Class C
operators at the Site.
Documentation of Operator A
certificate dated September 2020 submitted July 13, 2022. Documentation of
Operator B certificate dated July 14, 2022 submitted
July 14, 2022. Documentation of Operator C certificate dated July 11, 2022 submitted July 14, 2022.
7.
Delivery
Prohibition warning letter issued on February 23, 2022
and delivered in person on February 24, 2022. No response to letter was
received. Red tags put on UST fill ports on April 28, 2022.
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 waives 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.
Within thirty (30) days of the Effective Date,
Respondents shall comply with 40 CFR 280.40(a)(3)(iii). Specifically,
Respondents shall contract with a certified contractor to perform an automatic
line leak detection test and submit the results to IDEM.
4.
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 |
5.
Pursuant to IC 13-30-4-1, Respondents are
assessed and agree to pay a civil penalty of Forty-Seven Thousand One Hundred
Dollars ($47,100.00). Said penalty amount shall be due and payable to
“Underground Petroleum Storage Tank Trust Fund” in twelve (12) monthly
installments of Three Thousand Nine Hundred Twenty-Five Dollars
($3,925.00). Respondents shall pay by
the due date printed on the Invoice as attached, 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.
6.
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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$100.00 per
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7.
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.
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 an
additional penalty of 10 percent, payable to the “Underground Petroleum Storage
Tank Trust Fund” and shall be payable to IDEM in the manner specified in
Paragraph 5, 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 Madison
Properties Inc. |
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Jennifer Reno, Chief |
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SB Madison BP Corporation |
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COUNSEL FOR RESPONDENTS: |
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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 8/4/2022 |
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Peggy Dorsey |
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Assistant Commissioner |
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