August 13, 2019
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The Tennessee Department of Environment and Conservation (“TDEC”) issued a July 30th Order and Assessment (“Order”) addressing a Portland, Tennessee facility (“Swifty No. 286” [“Swifty”]).
Swifty is stated to be the site of four underground storage tanks (“USTs”) in Portland, Tennessee.
TDEC personnel are stated to have conducted a compliance inspection at the Swifty facility. Violations identified are alleged to include:
- Failure to ensure that cathodic protection system was tested within the six months of the installation and every three years thereafter. . .
- Failure to have one or more persons designated as Class A and Class B operators. . .
The Order requires that the Swifty facility undertake:
- Submission of results of a corrosion protection test
- Designation of a Class A and Class B operator for the facility
- Submission of documentation in a timely manner
- Submission of payment of all back fees and late penalties for the facility
The Order proposes a civil penalty of $10,320.
The facility has certain appeal rights pursuant to Tennessee law.
A copy of the Order can be downloaded here.
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