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STATE OF
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BEFORE THE
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COUNTY OF
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COMMISSIONER
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Complainant, |
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Case No. 2024-30523-U |
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JAIPREET
INVESTMENT CORP. AND |
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JMV 2
PETROLEUM INC., |
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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 Jaipreet Investment Corp. and
JMV 2 Petroleum Inc. (collectively, the “Respondents”).
3.
Respondent Jaipreet
Investment Corp. owns the facility with Facility ID No. 236, located at 2025 E.
Spring Street, parcel #22-05-02-800-998.000-008, in New Albany, Floyd County,
Indiana (“Site”).
4.
Respondent JMV 2 Petroleum Inc. operates the
UST systems located at the Site
and is also the owner of the property. The UST systems are installed at the Site.
5.
Respondents own and
operate one 12,000-gallon regular unleaded
(“RUL”) gasoline, one 10,000-gallon premium unleaded (“PUL”) gasoline, one
10,000-gallon diesel, and one 6,000-gallon kerosene USTs. All USTs were
installed in December 1995, are steel STI-P3 with factory installed cathodic
protection. The piping is pressurized, fiberglass, and single walled.
6. IDEM has jurisdiction over the parties
and the subject matter of this action.
7. Pursuant to IC 13-30-3-3, IDEM issued a
Notice of Violation (“NOV”) via certified mail on March 18, 2025
to:
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Jasvir
Singh, President and Registered |
Ravinder
Kaur, Registered Agent for |
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Agent
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JMV
2 Petroleum Inc., UST Operator |
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Jaipreet
Investment Corp., UST Owner |
11863
E 300 S |
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11863
E CR 300 S |
Zionsville,
Indiana 46077 |
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Zionsville,
Indiana 46077 |
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Inderjeet
Sachdeva, President of |
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JMV
2 Petroleum Inc., UST Operator |
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2025
E. Spring Street |
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New
Albany, Indiana 47150 |
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8. During an investigation including an
inspection on January 4, 2024, 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 and operator
required to submit a form under subsection (a)(2) shall provide all the
information required in subsection (b) on a form approved by the Indiana
archives and records administration for use by the department and shall
indicate the type of notification on the form.
As noted during the inspection,
Respondents failed to submit a complete notification form with all required
information including updated ownership information.
Updated notification form was submitted and
approved on May 15, 2025.
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 cooperate with agency inspections,
monitoring and testing in that testing documentation was not provided per the
December 5, 2023 Records Request.
c. Pursuant to 40
CFR 280.40(a)(3)(iii) as incorporated, owners and operators of UST systems must
provide a method, or combination of methods, of release detection that, beginning
on June 28, 2021, 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, Respondents failed to perform an annual
proper operation test (components and criteria) of the automatic line leak
detector (“ALLD”) as specified.
Documentation submitted on May 2, 2025 with ALLD testing completed April 22, 2025.
d. 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. Specifically,
the last known
test was approximately twelve (12) years ago.
Documentation submitted May 2, 2025 with testing completed June 14, 2017, June 16, 2021,
and May 15, 2025.
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,
Respondents failed to maintain appropriate spill
prevention equipment. Specifically, the
RUL, PUL and kerosene spill buckets were observed to be significantly corroded
and may not perform as intended.
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 inspection, Respondents failed to ensure spill prevention
equipment were operating properly to prevent releases to the environment.
Specifically, spill buckets for all USTs were not tested.
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 inspection, Respondents failed to inspect overfill prevention
equipment at least once every three years.
On
May 7, 2025, documentation submitted showing replacement of the overfill
prevention equipment and testing dated April 22, 2025.
h. Pursuant
to 40 CFR 280.40(a)(3)(i) as incorporated, owners and
operators of UST systems must provide a method, or combination of methods, of
release detection that, beginning on June 28, 2021, 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, Respondents failed to perform an annual proper
operation test (components and criteria) of the automatic tank gauge and
other controllers as specified.
Documentation
submitted May 2, 2025 with ATG functionality testing
completed April 22, 2025.
i. Pursuant
to 40 CFR 280.40(a)(3)(ii) as incorporated, owners and operators of UST
systems must provide a method, or combination of methods, of release detection
that, beginning on June 28, 2021, 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, Respondents failed to perform an annual proper
operation test (components and criteria) of the probes as specified.
Documentation
submitted May 2, 2025 with probes testing completed
April 22, 2025.
j. Pursuant to 40 CFR 280.36(a)(1)(ii) as
incorporated, to properly operate and maintain UST systems, not later than June
28, 2021, owners and operators must meet one of the following:
(1) Conduct a walkthrough inspection
that, at a minimum, checks the following equipment as specified below:
(ii) Annually:
(A) Containment sumps—visually check for
damage, leaks to the containment area, or releases to the environment; remove
liquid (in contained sumps) or debris; and, for double walled sumps with
interstitial monitoring, check for a leak in the interstitial area; and
(B) Hand held release
detection equipment—check devices such as tank gauge sticks or groundwater
bailers for operability and serviceability.
As noted during the inspection, Respondents
failed to properly conduct annual walkthrough inspections to check equipment as
specified.
Documentation submitted April 10, 2025 with monthly walkthrough inspections dated January 2023
to December 2023 and June 2024 to November 2024. Documentation submitted May 2,
2025 of annual walkthrough inspection dated April 22,
2025.
9. Orders of the Commissioner are subject
to administrative review by the Office of Administrative Law Proceedings 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 thirty (30) days of the Effective Date,
Respondents shall comply with 40 CFR 280.20(c)(1)(i).
Specifically, Respondents shall contract with an appropriately certified
contractor to install or replace absent or substandard spill prevention
equipment, specifically the RUL, PUL, and kerosene spill buckets and submit
documentation to the IDEM case manager at the address specified below.
5.
Within thirty (30) days of the Effective Date,
Respondents shall comply with 40 CFR 280.35(a)(1). Specifically, Respondents
shall contract with an appropriately certified contractor to inspect, repair
and test all spill prevention equipment in accordance with a standard of
practice referenced in the rule and submit documentation to the IDEM case
manager at the address specified below.
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.
Pursuant to IC 13-30-4-1, Respondents are
assessed and agree to pay a civil penalty of Five Thousand Seven Hundred Sixty
Dollars ($5,760.00), for which Respondents are jointly and severally liable. Said
penalty amount shall be due and payable in six (6) monthly installments of Nine
Hundred Sixty Dollars ($960.00). Respondents 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 “Indiana Department of Environmental
Management” by:
Mail:
Civil penalties are payable by check to
the “Indiana Department of Environmental Management.” 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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P.O.
Box 3295 |
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Indianapolis,
IN 46206 |
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 $0.40 plus 2.06% will be charged for credit card payments. A processing fee
of $0.15 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 $0.40 plus 2.06% will be charged for credit card
payments. A processing fee of $0.15 will be charged for eCheck
payments.
The Case Number is required to complete
the process.
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 |
Stipulated
Penalty |
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Order
paragraph #4 |
$100.00 per
week |
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Order
paragraph #5 |
$100.00 per
week |
Stipulated penalties shall begin to be
assessed on the date after the Effective Date and shall continue until the
documentation is submitted as required by the associated paragraph.
9.
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; at which
time, a separate invoice will be issued. Complainant may notify
Respondents at any time that the 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.
10.
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 “Indiana Department of Environmental Management,” and shall be payable to
IDEM in the manner specified in Paragraph 7 above.
11.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
12.
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.
13.
No change in ownership, corporation, or
partnership status of Respondents shall in any
way alter the Respondents’ status or responsibilities under this Agreed
Order.
14.
Respondents shall
ensure that all contractors, firms, and other persons performing work under
this Agreed Order comply with the terms of this Agreed Order.
15.
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.
16.
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.
17.
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.
18.
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.
19.
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.
20.
This Agreed Order shall remain in effect until
IDEM issues a Resolution of Case letter to Respondents.
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
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TECHNICAL
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Department
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Jennifer
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RESPONDENT: Jaipreet Investment Corp. |
COUNSEL FOR RESPONDENT: |
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RESPONDENT: JMV 2 Petroleum Inc. |
COUNSEL FOR RESPONDENT: |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
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For
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Signed
6/20/2025 |
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Brian
Wolff |
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Assistant
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Office
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