January 15, 2020
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
Download PDF
The United States Environmental Protection Agency (“EPA”) and Pocono Gas Stations Inc. (“PGSI”) entered into a December 30th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Pennsylvania Department of Environmental Protection’s Underground Storage Tank (“UST”) Regulations. See Docket No. RCRA-03-2020-0043.
The ESA provides that PGSI owns and/or operates USTs located in Stroudsburg, Pennsylvania.
The ESA further provides that on August 28, 2019, a Compliance Evaluation Inspection (“CEI”) was undertaken. The following tanks were stated to have been identified at the facility which included:
- A 6,000-gallon tank (Tank 1) that was installed in or about December 1987, and that, at all times relevant hereto, routinely contained regular-grade gasoline, a “regulated substance" as that term is defined in Pennsylvania Code Title 25 Chapter 245 §245.1
- A 6,000-gallon tank (Tank 2) that was installed in or about December 1987, and that, at all times relevant hereto, routinely contained super-grade gasoline, a "regulated substance" as that term is defined in Pennsylvania Code Title 25 Chapter 245 §245.1.
- A 4,000-gallon tank (Tank 3) that was installed in or about December 1987, and that, at all times relevant hereto, routinely contained diesel fuel, a "regulated substance" as that term is defined in Pennsylvania Code Title 25 Chapter 245 §245.1.
- A 550-gallon tank (Tank 4) that was installed in or about December 1987, and that, at all times relevant hereto, routinely contained kerosene, a "regulated substance" as that term is defined in Pennsylvania Code Title 25 Chapter 245 §245.1.
The following violations were stated to have been identified:
Pennsylvania Code title 25 Chapter 245 §245.442(1) by failing to perform tank release detection on Tank 2 from October 2018 through July 2019.
A civil penalty of $940 is assessed.
A copy of the ESA can be downloaded here.
The Between the Lines blog is made available by Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. and the law firm publisher. The blog site is for educational purposes only, as well as to give general information and a general understanding of the law. This blog is not intended to provide specific legal advice. Use of this blog site does not create an attorney client relationship between you and Mitchell Williams or the blog site publisher. The Between the Lines blog site should not be used as a substitute for legal advice from a licensed professional attorney in your state.