EPA v. NYC & DINO OIL CO

Case summary

PRE-REFERRAL SETTLEMENT NEGOTIATIONS FOR VIOLATIONS OF THE CAA 42 USC SECT 7401 AND THE NY CODE OF RULES & REGULATIONS, TITLE 6, PART 230, GASOLINE DISPENSING STIES AND TRANSPORT VEHICLES BY THE CITY OF NEW YORK AND DINO OIL COMPANY. THE CITY OF NEW YORK OWNED AND OPERATED A GASOLINE DIS- PENSING FACILITY LOCATED BETWEEN DUANE AND READE STREETS ON B'WAY IN LOWER MANHATTAN. DINO OIL COMPANY WAS UNDER CON- TRACT TO DELIVER GASOLINE TO THAT FACILITY. ON TWO SEPARATE OCCASIONS, NEITHER THE FACILITY OPERATER NOR THE DELIVERY TRUCK OPERATOR CAUSED THE STAGE I VAPOR COLLECTION & CONTROL SYSTEM TO BE HOOKED UP AND UTILIZED DURING THE TRANSFER OF GASOLINE FROM THE TRANSPORT VEHICLE TO THE STORAGE TANK AS REQUIRED BY PART 230. THE PROPOSED RELIEF SOUGHT - AN INJUNCTION MANDATING THAT BOTH THE CITY AND DINO ENSURE THAT THE STAGE I VAPOR COLLECTION EQUIPMENT IS PROPERLY HOOKED UP AND UTILIZED WHEN EVER GASOLINE IS TRANSFERRED FROM A TRANSPORT VEHICLE TO THE SITE STORAGE TANK, AND PENALTIES FOR THEIR PAST FAILURE TO SO ENSURE. * FACILITY ADDRESS: NYC STATION - VACANT DUANE & READE ST (ON B'WAY) NEW YORK, NY 10007 *NOTE THE ABOVE FACILITY IS WHERE THE VIOLATIONS TOOK PLACE. OWNERSHIP: M EPID#: NYD986962249

Defendants (2)

• DINO OIL CONamed in complaintNamed in settlement
• NYC, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• NYC STATION - VACANT

  DUANE & READE STS ON BROADWAY, NEW YORK, NY, 10007

  Registry ID: 110010601795

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• CITY OF NEW YORKentered 1994-02-15

  Primary law: CAA

  Federal penalty: $16,500

Timeline (8 milestones)

• 1990-08-13Enforcement Action Data Entered
• 1991-06-27PRN Sent
• 1993-09-20Referred To Dept Of Justice
• 1993-12-08Complaint Filed With Court
• 1994-02-15Final Order Lodged
• 1994-02-15Final Order Entered
• 1994-02-15Concluded
• 1996-02-15Enforcement Action Closed