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. 2022-28577-U
					)
LOVE’S TRAVEL STOPS & COUNTRY					)
STORES, INC.					)
					)
Respondent.					)

AGREED ORDER

Complainant and Respondent 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. Respondent’s entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent 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 is Love’s Travel Stops & Country Stores, Inc. (“Respondent”), which owns and operates the facility with Facility ID No. 25429, located at 5959 N SR 101, in Woodburn, Allen County, Indiana (“Site”).

3. Respondent owns and operates seven USTs: three 20,000-gallon diesel which are manifolded together, one 20,000-gallon compartmented gasoline (12,000-gallon premium unleaded (“PUL”) and 8,000-gallon regular unleaded (“RUL”), one 20,000-gallon RUL which is manifolded to the 8,000-gallon RUL, one 20,000-gallon diesel fuel exhaust (“DEF”) which is not regulated by IDEM’s Office of Land Quality (“OLQ”). All tanks are double walled fiberglass installed on August 15, 2014. The piping is also double walled fiberglass and pressurized.

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 to:

Shane Wharton, President of

Love’s Travel Stops & Country Stores, Inc.

10601 N. Pennsylvania Avenue

Oklahoma City, Oklahoma 73120

C T Corporation System, Registered Agent for

Love’s Travel Stops & Country Stores, Inc.

334 N. Senate Avenue

Indianapolis, Indiana 46204

Love’s Travel Stops & Country Stores, Inc.

c/o Ryan LLC

15 W. 6^th Street, Suite 2400

Tulsa, Oklahoma 74119

6. During an investigation including an inspection on September 30, 2021, conducted by a representative of IDEM, the following violations were found:

a. 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, Respondent failed to submit the documentation requested by IDEM’s January 20, 2021 letter as required.

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.

Additionally, 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, Respondent failed to submit an updated notification form containing correct overfill prevention equipment installed in all UST systems where overfill alarm, ball float valves (“BFV”) and/or auto shutoff (“ASD”), and coincident use has not been verified.

Updated notification form submitted August 1, 2022.

Documenation showing removal of the BFVs dated July 26, 2022 submitted August 1, 2022.

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, documentation of updated financial responsibility mechanism was not provided.

Documentation of an approved certificate of financial responsibility (“COFR”) dated April 1, 2022 was submitted on May 5, 2022.

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, spill buckets were not observed on the fill pipes for the three manifolded diesel USTs. The concrete containment area also does not meet the spill prevention requirements due to being porous.

Documentation of spill buckets installed and tested at the three manifolded diesel USTs dated May 10, 2022 submitted August 1, 2022

e. 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, documentation of the biodiesel containment sump piping test dated May 29, 2019 indicated a failed result.

Documentation submitted of the biodiesel containment sump piping retested with a pass result dated May 7, 2020 submitted July 25, 2022.

f. 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, Schrader valves with stems closed were observed on the double walled piping in the STP sumps of each UST preventing any released fluids from the double walled piping’s interstitial space to reach the interstitial monitoring (“IM”) sensors indicating a possible release.

Documenation of removal of the Schrader valves dated July 26, 2022 submitted August 1, 2022.

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, Respondent acknowledges 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 Respondent. This Agreed Order shall have no force or effect until the Effective Date.

2. Respondent shall comply with the rules listed in the findings of fact above.

3. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Thirty Thousand Seven Hundred Twenty Dollars ($30,720.00) Respondent shall pay by the due date printed on the Invoice, as attached.

The civil penalty is payable to the “Underground Petroleum Storage Tank Trust Fund” by:

Mail:

The civil penalty is 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

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.

4. 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 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 3, above.

5. Signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.

6. 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.

7. 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.

8. Respondent shall ensure that all contractors, firms, and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management			Love’s Travel Stops & Country Stores, Inc.
By:			By:
	Jennifer Reno, Chief		Printed:
	Land Enforcement Section		Title:
	Compliance Branch
	Office of Land Quality
Date:			Date:
			COUNSEL FOR RESPONDENT:
			By:
			Printed:
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 20_____
			For the Commissioner:
			Signed 9/27/2022
			Peggy Dorsey
			Assistant Commissioner
			Office of Land Quality