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. 2024-30629-U
					)
SAMPLE ST. PROPERTY LLC AND					)
SAMPLE STREET EXPO INC.,
					)
Respondents.					)

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. Respondent Sample St. Property LLC (“Respondent”) owns the facility with Facility ID No. 50120, located at 1338 W. Sample Street, parcel #71-08-14-102-004.000-026, in South Bend, St. Joseph County, Indiana (“Site”).

3. Respondent Sample Street Expo Inc. operates the underground storage tank (“UST”) systems located at the Site.

4. Respondents own and operate one 16,000-gallon possible compartmented UST (12,000-gallon regular unleaded (“RUL”)/4,000-gallon RUL) and one 8,000-gallon possible compartmented UST (4,000-gallon premium unleaded (“PUL”)/4,000-gallon diesel). Install date unknown due to initial site registration not being submitted. Tanks are steel, CLAD and double-walled (“DW”). The piping is OPW, DW and flex.

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 on April 8, 2025 to:

Mandeep Singh, Member and	Mandeep Singh, Secretary and
Registered Agent for	Registered Agent for
Sample St. Property LLC	Sample Street Expo Inc.
UST and Property Owner	UST Operator
6520 Lake Crest Circle	1338 W. Sample Street
South Bend, Indiana 46628	South Bend, Indiana 46615
Mgms1470@aol.com

7. During an investigation including an inspection on September 23, 2024, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 329 Indiana Administrative Code (“IAC”) 9-2-2(b), an owner required to submit a form under subsection (a)(1) shall provide the following information on a form approved by the Indiana archives and records administration for use by the department:

(1) Facility name, type, location, and contact information.

(2) Information on the owner and operator of the UST.

(3) Ownership effective date.

(4) Contact information for an individual at the facility if different than the owner or operator.

(5) Owner and operator certification.

(6) Source of financial responsibility.

(7) Information on the deeded or active land contract property owner and certification, as applicable.

(8) Information on the individual preparing the notification form.

(9) Contractor information, including contractor certification and their Indiana department of homeland security, division of fire and building safety (or IDEM pursuant to P.L. 176-2023, Sec. 33, eff. 7/1/2023) certification number.

(10) Indication whether the following actions have taken place:

(A) Installation has been inspected by a registered engineer and registration identification number provided.

(B) Manufacturer's installation checklists have been completed and included with the notification form submitted to the department.

(C) Installer has been certified by a tank and piping manufacturer.

(D) Work has been inspected by the Indiana department of homeland security, division of fire and building safety.

(11) Name and contact information of potentially interested parties that the department may contact regarding the site.

(12) A map of the facility site.

(13) Identification of each UST at the facility.

(14) Status of each UST and status date.

(15) Information on:

(A) the substances currently or last stored in the UST;

(B) UST construction attributes;

(C) UST corrosion protection;

(D) piping construction and protection;

(E) UST and piping release detection; and

(F) spill and overfill prevention equipment.

As noted during the inspection, Respondents failed to submit a complete notification form with all required information.

On February 11, 2025, an initial registration was 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 cooperate with agency inspections, monitoring and testing in that there was no response to the July 9, 2024 VL issued by UST Operations, the August 1, 2024 Records Request, and September 23, 2024 VL issued by UST Compliance.

On February 14, 2025, some testing documentation was submitted.

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

Jodi Pisula, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

5. Pursuant to IC 13-30-4-1, Respondents are assessed and agree to pay a civil penalty of Ten Thousand Dollars ($10,000.00), for which Respondents are jointly and severally liable. Said penalty amount shall be due and payable in eleven (11) monthly installments of Eight Hundred Thirty-Three Dollars ($833.00)] and installment twelve (12) shall be Eight Hundred Thirty-Seven Dollars ($837.00). 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:

Indiana Department of Environmental Management

Accounts Receivable

P.O. Box 3295

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.

6. 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.

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

8. 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.

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

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

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

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

REMAINDER OF PAGE LEFT BLANK INTENTIONALLY

TECHNICAL RECOMMENDATION:
Department of Environmental Management
By:
	Jennifer Reno, Chief
	Land Enforcement Section
	Compliance Branch
	Office of Land Quality
Date:
RESPONDENT: Sample St. Property LLC			COUNSEL FOR RESPONDENT:
By:			By:
Printed:			Printed:
Date:			Date:
RESPONDENT: Sample Street Expo Inc.			COUNSEL FOR RESPONDENT:
By:			By:
Printed:			Printed:
Date:			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 20_____
			For the Commissioner:
			Signed 7/10/2025
			Brian Wolff
			Assistant Commissioner
			Office of Land Quality