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. 2022-28701-U
					)
BADESHA BROTHERS iNC. ALL STAR OIL INC.,					)
					)
Respondents.					)

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, Badesha Brothers Inc. (“Badesha”), owns Underground Storage Tank (“UST”) system(s), with UST Facility ID 169, located at 2166 Perry Road, parcel # 32-15-01-400.000-012, in Plainfield, Hendricks County, Indiana (the “Site”).

3. Respondent, All Star Oil Inc. (“All Star”), operates the UST systems located at 2166 Perry Road, parcel # 32-15-01-400.000-012, in Plainfield, Hendricks County, Indiana (the “Site”).

4. Respondent, Badesha, owns and Respondent, All Star, operates three (3) first generation Owens Corning fiberglass USTs, installed in 1970.

5. Owner as defined in IC 13-11-2-150(a)(1)(A) means, for an UST that was in use on November 8, 1984 or brought into use after November 8, 1984 for the storage, use, or dispensing of regulated substances, a person who owns the UST or the real property that is the UST site, or both. According to the Hendricks County Assessor’s Office, Respondent, Badesha is the owner of the Site.

6. IDEM issued a “40 CFR 280.34 Records Request” letter to Respondent on January 24, 2022.

7. IDEM issued a Violation Letter to Respondent on February 7, 2022 regarding the violations noted during the January 25, 2022 inspection. To date, IDEM has not received a response.

8. IDEM has jurisdiction over the parties and the subject matter of this action.

9. Pursuant to IC 13-30-3-3, on September 6, 2022, IDEM issued a Notice of Violation (“NOV”) via Certified Mail to:

Harjinder Kaur Badesha	Harjinder Kaur Badesha
President and Registered Agent	President and Registered Agent
Badesha Brothers Inc.	All Star Oil Inc.
1237 American Avenue	1237 American Avenue
Plainfield, Indiana 46168	Plainfield, Indiana 46168
mikebadesha@yahoo.com	mikebadesha@yahoo.com

10. During an investigation including a record review on January 24, 2022 and an inspection on January 25, 2022, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 329 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 record review and inspection, Respondents failed to submit a complete and accurate notification form with required attachments. A “Notification for Underground Storage Tanks” form submitted on July 7, 2016, was determined to be incomplete. A “Notification for Underground Storage Tanks” form submitted on July 7, 2016, was determined to be incomplete via a letter issued on July 12, 2016.

b. 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 record review and inspection, Respondents failed to demonstrate a current Financial Responsibility mechanism.

c. 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 record review and inspection, Respondents failed to have the cathodic protection systems tested by a qualified cathodic protection tester as required. Specifically, flex connectors with pencil anodes, were observed in contact with soil during the inspection which would require testing every three (3) years to ensure proper corrosion protection for the flex connectors.

d. Pursuant to 40 CFR 280.32(b)(1), owners and operators with UST systems storing regulated substances must demonstrate compatibility of the UST system (including the tank, piping, containment sumps, pumping equipment, release detection equipment, spill equipment, and overfill equipment).

As noted during the record review and inspection, the three (3) first generation Owens Corning fiberglass USTs, installed in 1970, are not rated for and therefore not compatible with gasoline containing 10% ethanol. Per the July 7, 2016 Notification Form, the UST, currently storing diesel, contained gasoline with 10% ethanol, in 2016.

e. Pursuant to 40 CFR 280.34(a)(3), owners and operators must submit the following information to the implementing agency: reports of all releases including suspected releases (§ 280.50), spills and overfills (§ 280.53), and confirmed releases (§ 280.61).

As noted during the record review and inspection, Respondent failed to submit to IDEM the required release report after a dispenser had been struck by a vehicle.

f. 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 record review and inspection, Respondents failed to ensure spill prevention equipment and containment sumps used for interstitial monitoring of piping were operating properly to prevent releases to the environment.

g. 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 record review and inspection, Respondents failed to inspect overfill prevention equipment at least once every three years.

On September 23, 2022, Respondent tested the overfill prevention equipment. The premium and regular UST systems failed the test.

h. 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 record review and inspection, Respondents failed to conduct a walkthrough inspection every 30 days, at a minimum, to check spill prevention equipment and release detection equipment.

i. 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 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 Records Request and subsequent inspection, Respondent failed to perform an annual proper operation test (components and criteria) of the automatic tank gauge and other controllers.

j. 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 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 Records Request and subsequent inspection, Respondent failed to perform an annual proper operation test (components and criteria) of the probes and sensors.

k. Pursuant to 40 CFR 280.41(b)(1)(i)(A), pressurized underground piping installed on or before April 11, 2016 that routinely contains regulated substances must be equipped with an automatic line leak detector conducted in accordance with § 280.44(a).

As noted during the record review and inspection, Respondents failed to provide appropriate leak detection testing for pressurized piping containing a regulated substance.

l. Pursuant to 40 CFR 280.41(b)(1)(i)(B), pressurized underground piping installed on or before April 11, 2016 that routinely contains regulated substances must 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 record review and inspection, Respondents failed to have piping containing a regulated amount of product tightness tested. A January 8, 2022, line tightness test stated that piping of the UST, containing diesel, could not be isolated and was not tested.

11. On September 23, 2022, Respondent completed the requirements to return Findings of Fact # 10f, 10h, 10i, 10k, and 10l to compliance.

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

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

3. Within thirty (30) days of the Effective Date, Respondents 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.

4. Within the thirty (30) days of the Effective Date, Respondents shall comply with 329 IAC 9-8-11(b). Specifically, Respondents shall submit documentation of financial responsibility to IDEM.

5. Within the thirty (30) days of the Effective Date, Respondents shall comply with 40 CFR 280.31(b). Specifically, Respondents shall submit the required documents or have their UST systems fully inspected by a qualified cathodic protection tester.

6. Within thirty (30) days of the Effective Date, Respondents shall comply with 40 CFR 280.32(b)(1). Specifically, Respondents shall submit documentation proving the required UST system(s) components are fully compatible with the product found stored in the tanks during the inspection. If compatibility cannot be proved, Respondents must immediately cease storing the substance in the UST system(s) until such a time as compatibility can be proved, upgrade the UST system, switch the product to one that is compatible, or permanently close the affected UST system(s). If the affected UST system(s) must be permanently closed it shall be closed as required by 329 IAC 9-6.

7. Within thirty (30) days of the Effective Date, Respondents shall comply with 40 CFR 280.34(a)(3). Specifically, Respondents shall submit to IDEM all required release reports.

8. Within thirty (30) days of the Effective Date, Respondents shall comply with 40 CFR 280.35(a)(2). Respondents shall contract with a certified contractor to inspect, repair, and test all overfill prevention equipment for the regular and premium UST systems. Respondents shall submit documentation, to include photographs, inspection, repair, measurements and testing results, showing the overfill prevention equipment is fully functional.

9. All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

Linda McClure, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

10. Pursuant to IC 13-30-4-1, Respondent, All Star Oil, Inc., is assessed and agrees to a civil penalty of Zero Dollars ($0). This penalty reflects a significant reduction from the original proposed civil penalty based upon evidence submitted to IDEM by Respondent which adequately demonstrated Respondent’s inability to pay the original proposed civil penalty.

Pursuant to IC 13-30-4-1, Respondent, Badesha Brothers Inc., is assessed and agrees to a civil penalty of Thirty-Five Thousand Four Hundred and Forty Dollars ($35,440). Said penalty amount shall be due and payable in one (1) monthly installment of Two Thousand Nine Hundred and Fifty-Seven Dollars ($2,957) and (11) monthly installments of Two Thousand Nine Hundred and Fifty-Three Dollars ($2,953). Respondent shall pay the first installment by the due date printed on the Invoice, as attached. Respondent shall pay by the due date printed on subsequent invoices 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:

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.

11. In the event the terms and conditions of the following paragraphs are violated, Complainant may assess and Respondent shall pay a stipulated penalty in the following amount:

Paragraph	Penalty
Order paragraph #3	$100 per week
Order paragraph #4	$100 per week
Order paragraph #5	$200 per week
Order paragraph #6	$300 per week
Order paragraph #7	$100 per week
Order paragraph #8	$200 per week

12. 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.

13. 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 10, above.

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

15. This Agreed Order shall 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.

16. No change in ownership, corporate, or partnership status of Respondents shall in any way alter the Respondents’ status or responsibilities under this Agreed Order.

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

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

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

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management
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 11/30/2022
			Peggy Dorsey
			Assistant Commissioner
			Office of Land Quality