The Tennessee Department of Environment of Environment and Conservation (“TDEC”) issued an October 29th Proposed Order and Assessment (“Order”) to Om Ganganath, Inc. (“OGI”) addressing alleged violations of the Tennessee underground storage tank (“UST”) regulations.
The Order provides that OGI is the registered owner of three UST systems in Lewis County, Tennessee.
The TDEC Division of Underground Storage Tanks (“Division”) is stated to have performed a compliance inspection at the facility on January 23, 2024. The inspection is stated to have identified the following violations:
- Failure to inspect overfill prevention equipment at least once every three (3) years.
- Failure to perform periodic walkthrough inspections.
- Failure to conduct annual line tightness test on pressurized underground piping.
- Failure to monitor tanks at least monthly.
- Failure of facility having one or more petroleum UST systems to have one or more persons designated as a Class A and Class B Operator.
- Failure to have at least one trained Class C Operator on site whenever the facility is operating.
- Failure to report a change of status for a UST system within 30 days.
Division personnel are stated to have sent a “Result of Compliance Inspection – Action Required” letter to OGI on January 23rd. Additional letters are stated to have been sent regarding the facility’s failure to return to compliance.
The facility is stated to have remained out of compliance.
The Order provides that if OGI fails to comply or file an appeal within the cited timeframes the facility will be placed on delivery prohibition. Further, a civil penalty of $43,400.00 is assessed. In addition, OGI is required to perform all actions necessary to correct the alleged outstanding violations.
The Order provides certain appeal rights.
A copy of the Order can be downloaded here.
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