EPA v. ROUTE 109 SERVICE STATIONS INC ET.AL.

Case summary

THIS ACTION IS NECESSARY TO BRING APPX. 32 GAS STATIONS OWNED BY THE DEFENDANTS IN THE NYC AREA INTO COMPLIANCE WITH CE WITH THE UNDERGROUND STORAGE TANK (UST) REQUIREMENTS AND TO SEND A STRONG SIGNAL TO RECALCITRANT DEFENDANTS. THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION INITIALLY REFERRED THIS CASE TO EPA DUE TO DEFENANTS' NUMEROUS VIOLATIONS OF BOTH STATE AND FEDERAL UST REGUAL- IONS AT A LARGE NUMBER OF GAS STATIONS IN THE NYC AREA. ** VIOLATIONS OF THE RELEASE DETECTION AND SITE ASSESSMENT RE- QUIREMENTS ARE BOTH CONSIDERED MAJOR VIOLATIONS UNDER THE EPA PENALTY GUIDANCE FOR VIOLATIONS OF UST REGULATIONS. THE POTENTIAL EXISTS THAT SUSPECTED PAST AND PRESENT IM- PROPER OPERATIONS AT DEFENDANTS' GAS STATIONS HAVE CONTRIBU- TED AND CONTINUE TO CONTINUE TO CONTRIBUTE TO THE PRESENCE OF UNDETECTED RELEASES FROM THE USTS SYSTEMS AT THESE FACILITIES. * EPA IS REQUESTING THE INITIATION OF A JUDICIAL ACTION TO COMPEL THE DEFENDANTS' STRICT COMPLIANCE WITH REGULATORY REQUIREMENTS, TO ASSURE ANY NECESSARY REMEDIAL ACTIONS, AND TO ASSESS A CIVIL PENALTY FOR THE ALLEGED VIOLATIONS. THE DEFENDANTS CLAIM TO USE DIVERSE METHODS OF RELEASE DETECTION, BUT THEIR METHODS DO NOT COMPLY WITH REGULATORY REQUIREMENTS. MANY STATIONS HAVE RELEASE DETECTION EQUIP- MENT ON SITE, BUT IT HAS NOT BEEN USED CONSISTENTLY OR PROPERLY. REGION II HAS INSPECTED 21 OF THE STATIONS THAT ARE THE SUBJECT OF THIS REFERRAL AND HAS SENT OUT THREE DIFFERENT ROUNDS OF INFORMATION REQUEST LETTERS OVER A PERIOD OF YRS. * 09/25/98 - REFERRED TO DOJ - 9 PROPOSED DEFENDANTS 12/02/98 - COMPLAINT FILED-11 DEFS (NAMED) DOCKET PROVIED W/ A COPY. 06/28/02 DISCOVERY PHASE CONTINUES UNTIL END OF JUNE 2002. * CCDS: Defendants own more that 30 service stations throughout the NYC metropolitan area. Many of these stations were found to be violating UST release detection requirements. Settlement includes payment of a $310,000 penalty to the U.S. Treasury, and a certification of compliance by Cary Wolf that all stations are in full compliance with UST regulations. The defendants are in compliance with all terms of the CD. Certification of compliance received on August 20,2003. Payment of the civil penalty received on Sept. 3, 2003. Consent decree and case closed September 3, 2003.

Defendants (11)

• 1579 ATLANTIC AVENUE CORPNamed in complaintNamed in settlement
• 3072 CROPSEY AVENUE CORPNamed in complaintNamed in settlement
• 633 NEW YORK AVENUE CORPORATIONNamed in complaintNamed in settlement
• BILL WOLF PETROLEUM CORPNamed in complaintNamed in settlement
• BROADWAY-129 STREET GASOLINE CORPNamed in complaintNamed in settlement
• BRUCKNER-BROOK GASOLINE CORPORATIONNamed in complaintNamed in settlement
• INTREPID MAINTENANCE CORPNamed in complaintNamed in settlement
• ROUTE 109 SERVICE STATION CORPORATIONNamed in complaintNamed in settlement
• STORAGE MAINTENANCE CORPNamed in complaintNamed in settlement
• WILLIAMSBRIDGE ROAD REALTY CORPNamed in complaintNamed in settlement
• WOLF, CARYNamed in complaintNamed in settlement

Facilities (32)

• AMOCO

  1585 ATLANTIC AVE, BROOKLYN, NY, 11213

  Registry ID: 110001572799

• AMOCO

  1752 WEBSTER AVENUE, BRONX, NY, 10457

  Registry ID: 110006816320

• SILVESTRE AMOCO 3

  75 CLASSON AVE, BROOKLYN, NY, 11205

  Registry ID: 110004568520

• ULISES VASQUEZ

  836 E 233RD STREET, BRONX, NY, 10466

  Registry ID: 110001565280

• AMOCO SERVICE STATION

  842 FIFTH AVE, BROOKLYN, NY, 112322522

  Registry ID: 110019433870

• AMOCO SERVICE STATION

  2276 FIRST AVE, NEW YORK, NY, 10035

  Registry ID: 110007149273

• AMOCO

  3225 BROADWAY, NEW YORK CITY, NY, 10027

  Registry ID: 110001577712

• ROUTE 109 SERVICE STATION INC (AMOCO)

  117 MORNINGSIDE AVE, NEW YORK, NY, 10027

  Registry ID: 110004568502

• AMOCO SERVICE STATION

  633 NEW YORK AVE, BROOKLYN, NY, 11203

  Registry ID: 110015752087

• LYNNS SERVICE STATION (AMOCO)

  613 BUSHWICK AVE, BROOKLYN, NY, 112066027

  Registry ID: 110004483915

• AMOCO SERVICE STATION

  2193 BEDFORD AVE, BROOKLYN, NY, 11226

  Registry ID: 110015751998

• SUNOCO SERVICE STATION

  3046 CONEY ISLAND AVE, BROOKLYN, NY, 11235

  Registry ID: 110019467780

• AMOCO

  119 BRUCKNER BOULEVARD, BRONX, NY, 10454

  Registry ID: 110006829263

• SCARSDALE GASOLINE CORP (AMOCO)

  999 POST RD, SCARSDALE, NY, 10583

  Registry ID: 110004568487

• AMOCO

  366 NEPPERHAN AVE, YONKERS, NY, 107016502

  Registry ID: 110004497982

• …and 17 more

Statutes cited

• RCRA 9003 — UST Release Detection, Prevention, Correction Regulations

Enforcement conclusions (1)

• ROUTE 109 SERVICE STATIONS INC ET.ALentered 2003-07-24

  Primary law: RCRA

  Federal penalty: $310,000

Timeline (7 milestones)

• 1997-09-18Enforcement Action Data Entered
• 1997-09-25Referred To Dept Of Justice
• 1998-12-02Complaint Filed With Court
• 2003-05-21Final Order Lodged
• 2003-07-24Concluded
• 2003-07-24Final Order Entered
• 2003-09-03Enforcement Action Closed