EPA v. BUY-RITE GARAGE INC

Case summary

DEFENDANTS FAILED TO COMPLY WITH RELEASE DETECTION AND UPRADE REQUIREMENTS FOR THE SIX UST SYSTEMS LOCATED AT THEIR FACILITY. FOUR DEFENDANTS NAMED IN THE COMPLAINT. TWO DEFENDANTS ARE IDENTICAL NAMES EXCEPT FOR THE HYPEN. (DATE GIVEN AS JUNE 7 PER LAN). MOTION FOR DJ FILED BY EDNY ON APRIL 8, 2O02. This case involved enforcement of federal underground storage requirements- mainly release detection and upgrading/closure requirements found in 40 CFR Part 280. The U.S. District Court granted U.S.' motion for Default Judgment and issued an Order requiring the defendants to pay a civil penalty and to comply with release detection requirements, to permanently close ten tanks at the site, to upgrade or permanently close four other USTs at the site, and to conduct a site assessment and undertake any required corrective action at the site. In 2005, a Defendant permanently closed the ten tanks, conducted a site assessment and undertook cleanup of contaminated soils in and around the ten tanks. However, the Defendant did not upgrade or permanently close the four other USTs at the site at that time. Review of financial information provided in 2004 and 2005 revealed that he did not have an ability to pay the civil penalty judgment against him. The service station facility closed from 2005 until 2009 due to outstanding violations cited by the NYC Fire Department and its unwillingness to allow the Defendant to continue to operate. On November 19, 2008, EPA conducted an inspection of the facility and confirmed that there were no active USTs. During the inspection, the Defendant informed EPA that on or about February 18, 2008, three of the remaining 4 USTs were closed in place, while the fourth remaining UST was removed. The Defendant indicated that NYSDEC was present during the closure/removal of the USTs. In September 2009 EPA became aware that he received financing (and apparent permission from the NYC Fire Department) to reopen the service station facility at his location. EPA is preparing an information request letter to send to the Defendant to obtain an update on the status of the UST systems at the facility and to inquire as to whether the Defendant's finances have changed and his ability to pay the outstanding judgment against him. Defendant has an inability to pay.

Defendants (4)

• BUY RITE FUEL OIL CORPORATIONNamed in complaintNamed in settlement
• BUY RITE GARAGE INCNamed in complaint
• BUY-RITE GARAGE INCNamed in complaintNamed in settlement
• FIRPO, DENNISNamed in complaintNamed in settlement

Facilities (1)

• BUY RITE GARAGE INC

  1188 METROPOLITAN AVE, BROOKLYN, NY, 11237

  Registry ID: 110009488465

Statutes cited

• RCRA LUST — Underground Storage Tanks Violations

Enforcement conclusions (1)

• BUY-RITE GARAGE, INC.entered 2002-04-10

  Primary law: RCRA

  Federal penalty: $300,000

Timeline (7 milestones)

• 1999-09-28Enforcement Action Data Entered
• 1999-09-29Referred To Dept Of Justice
• 2001-06-14Complaint Filed With Court
• 2002-04-10Concluded
• 2002-04-10Final Order Entered
• 2002-04-10Final Order Lodged
• 2009-09-09Enforcement Action Closed