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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. 2025-30702-U |
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SB
BROWNSBURG HOLDINGS INC. AND |
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BROWNSBURG
OPERATIONS |
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CORPORATION,
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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.
Respondent SB
Brownsburg Holdings Inc. which owns the Underground Storage Tank (“UST”)
systems, with UST Facility ID 40070, located
at 7963 Paul Avenue, parcel number 32-07-26-200-022.000-016,
in Brownsburg, Hendricks County,
Indiana (the “Site”).
3.
Respondent Brownsburg
Operations Corporation operates the UST systems located at the Site.
4.
Respondents own and
operate one (1) 12,000-gallon regular unleaded
(“RUL”) gasoline and one (1) 8,000-gallon compartmented UST. C1 is 4,000-gallon
premium unleaded (“PUL”) and C2 is 4,000-gallon diesel. All USTs are steel CLAD
and double-walled. The piping is OPW flexwork,
double-walled, 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”) on July 16, 2025 via certified
mail to:
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Surinder
Singh, President and Registered |
Amarjit
Kaur, President for |
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Agent
for, |
Brownsburg
Operations Corporation, |
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SB
Brownsburg Holdings Inc., UST and |
UST
Operator |
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Property
Owner |
7963
Paul Avenue |
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6755
Robin Hood Court |
Brownsburg,
Indiana 46112 |
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Indianapolis,
Indiana 46227 |
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Amarjit
Kaur, Registered Agent for |
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Brownsburg
Operations Corporation |
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2701
Lafayette Road |
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Indianapolis,
Indiana 46222 |
6.
Indiana has incorporated the
majority of the federal UST regulations pursuant to 329 Indiana
Administrative Code (“IAC”) 1-1-1.
7.
During an investigation including an inspection
on January 17, 2025 conducted by a representative of
IDEM, the following violations were found:
a.
Pursuant to IC 13-23-12-1, each year if an underground storage tank has not been
closed before January 1 of the year under rules adopted under IC 13-23-1-2; or
a requirement imposed by the commissioner before the adoption of rules under IC
13-23-1-2; the owner shall pay to the department an
annual registration fee. The annual registration fee required by this section
is ninety dollars ($90) for each underground petroleum storage tank; or two
hundred forty-five dollars ($245) for each underground storage tank containing
regulated substances other than petroleum. If an underground storage tank
consists of a single tank in which there are separate compartments, a separate
fee shall be paid for each compartment within the single tank. If an
underground storage tank consists of a combination of tanks, a separate fee
shall be paid for each compartment within each tank in the combination of
tanks.
As noted during the inspection, Respondents failed to pay the annual registration fee for 2023 and 2024.
UST fees for 2023 and 2024 paid in May
2024.
b. 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 and/or failed to indicate the type of
notification on the form.
A notification
form was received November 5, 2024 and an Administrative denial was issued on December 12, 2024. A
corrected form has not been submitted.
On August 2, 2024 an updated notification for
was resubmitted. On August 4, 2025, an
approval notice was issued.
c. Pursuant
to 40
Code of Federal Regulations (“CFR”) 280.40(a)(2), owners and operators of UST
systems must provide a method, or combination of methods, of release detection
that is installed and calibrated in accordance with the manufacturer’s
instructions.
As
noted during the inspection, Respondents failed to provide a method or
combination of methods of release detection that is installed and calibrated in
accordance with the manufacturer’s instructions. Specifically, the automatic
tank gauge (“ATG”) was nonresponsive and unable to provide release detection
records. The screen was frozen showing all sensors (annular and submersible
turbine pump (“STP”)) in alarm. Testing documentation from January 9, 2025 showed water present in the interstitial space of the
tanks and sensors failing testing.
Documentation of ATG and sensor
testing dated April 4, 2025 submitted April 23, 2025;
however, the water present in the interstitial space was not addressed.
Documentation submitted April 25, 2025 that water intrusion was repaired with new caps and
grommets by contractor.
d. 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, Respondents
failed to monitor tanks installed after September 2, 2009
utilizing the method listed in § 280.43(g). Specifically, twelve (12) months of
interstitial monitoring release detection records for all USTs were not
provided.
Documentation of equipment repaired
and retested submitted April 23, 2025.
e. Pursuant to 40 CFR 280.41(b)(2), taking
into consideration 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, Respondents
failed to appropriately monitor piping installed after September 2, 2009 for releases. Specifically, twelve (12) months of
interstitial monitoring release detection records for piping were not provided.
Documentation of equipment repaired and
retested submitted April 23, 2025; however, release detection records were not
submitted.
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 for purposes of release detection, 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
in accordance with this rule; and
(3) For tanks with an internally fitted
liner, an automated device can detect a leak between the inner wall of the tank
and the liner, and the liner is compatible with the substance stored.
As noted
during the inspection, Respondents failed to perform interstitial monitoring in
accordance with the rule in that the liquid sensor testing appeared to indicate
the compartmented tanks interstitial space contained water. The STP sumps were
observed to contain fluid above the liquid sensor which would not allow for
proper interstitial monitoring (“IM”) for the piping. The under
dispenser containment (“UDC”) also appeared to have fuel lines’
interstitial space open and free to drain; however, there were no sensors in
the UDCs.
Documentation
of equipment repaired and retested submitted April 23, 2025; however, a work
order or other documentation showing set up completed and operation has not
been submitted.
g. 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, Respondents failed to properly maintain appropriate overfill
prevention equipment. Specifically, automatic shutoff devices (“ASD”) were
listed on previous notification forms; however, they were not observed at the
time of the inspection and the presence ball float
valves (“BFV”) could not be verified.
Documentation
submitted showing ASD installed.
h. 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
and/or containment sumps used for interstitial monitoring of piping were
operating properly to prevent releases to the environment. Specifically, spill
bucket, STP and UDC testing documentation were not provided.
Documentation
of spill bucket, UDC, and STP testing dated April 3, 2025-April 4, 2025 received on April 23, 2025.
i. 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.
j. Pursuant to 40 CFR 280.36(a)(1)(i), 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:
(i) Every
30 days (Exception: spill prevention equipment at UST systems receiving
deliveries at intervals greater than every 30 days may be checked prior to each
delivery):
(A) Spill
prevention equipment—visually check for damage; remove liquid or debris; check
for and remove obstructions in the fill pipe; check the fill cap to make sure
it is securely on the fill pipe; and, for double walled spill prevention
equipment with interstitial monitoring, check for a leak in the interstitial
area; and
(B) Release
detection equipment— check to make sure the release detection equipment is
operating with no alarms or other unusual operating conditions present; and
ensure records of release detection testing are reviewed and current.
As noted
during the inspection, Respondents failed to properly conduct 30-day
walkthrough inspections to check equipment as specified.
k. Pursuant to 40 CFR 280.245, owners and
operators of underground storage tank systems must maintain a list of
designated Class A, Class B, and Class C operators with specified information
and maintain appropriate records including specified information verifying that
training and retraining, as applicable, have been completed, in accordance with
§ 280.34.
As noted during the inspection, Respondents
failed to maintain a list of designated Class A, Class B, and Class C operators
with complete information and to maintain appropriate records verifying that
training and retraining has been completed.
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 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 statute and rules
listed in the findings of fact above.
3.
Within thirty (30) days of the Effective Date,
Respondents shall comply with 40 CFR 280.35(a)(2). Specifically, Respondents
shall contract with an appropriately certified contractor to inspect, repair
and test all overfill 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.
4.
Within thirty (30) days of the Effective Date,
Respondents shall comply with 40 CFR 280.36(a)(1)(i).
Specifically, Respondents shall conduct a 30-day walkthrough inspection for all
UST systems at the Site in accordance with 40 CFR 280.36(a)(1)(i) 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 280.245. Specifically, Respondents shall
submit to the IDEM case manager at the address specified below a list of those
employees designated to be Class A, Class B and Class C operators and
training/retraining records with all necessary information included.
6.
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 |
7.
Pursuant to IC 13-30-4-1, Respondents are
assessed and agree to pay a civil penalty of Thirteen Thousand Two Hundred
Dollars ($13,200.00), for which are jointly and severally liable. Said penalty
amount shall be due and payable in twelve (12) monthly installments of One
Thousand One Hundred Dollars ($1,100.00). Respondents shall pay the first
installment by the due date printed on the Invoice, as attached. Respondents
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, American Express, or Discover.
Please visit https://www.in.gov/idem/resources/e-services/online-payment-options/.
Under Transaction Item, choose Invoice
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 e-Check payments.
The Case Number is required to complete the process.
For any questions or assistance
regarding payments, please contact IDEM’s Accounts Receivable Team at (317)
233-2394.
8.
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:
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Paragraph |
Stipulated
Penalty |
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Order paragraph #3 |
$100.00 per week |
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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 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.
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 10, 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, corporate,
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: SB
Brownsburg Holdings Inc. |
COUNSEL FOR RESPONDENT: |
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RESPONDENT: Brownsburg
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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
10/2/25 |
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Brian
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