September 30, 2019
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The United States Environmental Protection Agency (“EPA”) and Columbia Island Marina entered into a September 12th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the District of Columbia underground storage tank regulations.
See Docket No. RCRA-03-2019-0087.
The ESA provides that Columbia Island Marina is the owner and/or operator of underground storage tanks (“USTs”) located at Columbia Island Marina in Washington, D.C.
A Compliance Evaluation Inspection (“CEI”) is stated to have identified two USTs at the Columbia Island facility, which included:
- A 5,000-gallon tank that was installed in or about September 1990, and that, at all times relevant hereto, routinely contained regular-grade gasoline, a "regulated substance" as that term is defined in DC Regulations, Title 20, Chapter 68; and
- A 5,000-gallon tank that was installed in or about September 1990, and that, at all times relevant hereto, routinely contained diesel, a "regulated substance" as that term is defined in DC Regulations, Title 20, Chapter 68.
The CEI allegedly identified the following violations:
- District of Columbia Underground Storage Tank Regulations, Municipal Regulations, Title 20, §6004.3 by failing to perform line tightness testing annually from March 21, 2017 to December 22, 2017;
- District of Columbia Underground Storage Tank Regulations, Municipal Regulations, Title 20, §6013.2 by failing to perform line leak detector testing annually from March 21,2017 to December 22, 2017;
- District of Columbia Underground Storage Tank Regulations, Municipal Regulations, Title 20, §5704.4 and §5901.4 by failing to perform cathodic protection testing every three years from February 4, 2017 to December 1, 2017; and
- District of Columbia Underground Storage Tank Regulations, Municipal Regulations, Title 20, Chapter 67 by failing to provide financial responsibility since February 21, 2017
A civil penalty of $5,810 is assessed.
A copy of the ESA can be downloaded here.
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