EPA v. NEW YORK, THE CITY OF

Case summary

In 1988 EPA issued regulations establishing various rules for underground storage tanks. Depending on the age of the tanks, owners and operators were required to implement release detection requirements for their tanks over a four year period statring in 1989. Ten years after the issuance of the regulations, existing tanks had to meet upgrading requirements or had to be removed from service. The City owns at least 1600 underground storage tanks in at least 400 locations throughout the New York City metropolitan area, including all five boroughs. We have only listed in the information section those facilities that are listed in Appendix A of the consent Agreement. The tanks are operated by at least 16 agencies or departments of the City. On December 5, 2002, the U.S. filed a complaint in the USDC, Southern District of NY alleging violations of the underground storage tank provisions of RCRA. The complaint alleged that since at least 1997 and continuing until the filing of the complaint, the City had been violating RCRA regulatory requirements applicable to its UST systems. The Complaint charged that the City had failed to: (1) timely upgrade UST systems; (2) timely and properly provide, operate, maintain, and/or moitor release detection methods; (3) maintain and furnish records concerning compliance with release detection requirements; (4) report, investigate, and confirm suspected releases of regulated substances; (5) comply with performance standards for new UST systems; (6) comply with requirements for closure of certain UST systems; (7) maintain and furnish records concerning closure of UST systems; (8) provide notice of existence of UST systems; and (9) answer an EPA information request in a timely and complete manner. The Complaint sought civil penalties and injunctive relief from the City. The Consent Decree covers all federal-regulated UST systems owned or operated by the City in the New York City metropoliotan area. The City agreed to pay a civil penalty within 60 days after the effective date of the Consent Decree. Because of this action, the City has already made a serious effort to bring all its UST systems into compliance with the federal requirements but there are still a number of tanks that are not in compliance. The City is spending millions of dollars to comply. Under the Consent Decree, the City is committing to a schedule to bring all its UST systems into compliance. Within 30 days after the effective date of the Consent Decree, the City is required to comply with all the UST federal requirements, except for upgrades and closures. The upgrade and closure requirements will be met in 2 steps. First, the City is required to upgrade or permanently close most of its UST systems within one year. UST systems that would be permanently closed during this phase must be temporarily closed first within 90 days of the effective date of the Decree. Second, certain specifically identified UST systems must be upgraded or closed according to the schedule provided in Appendix A of the Consent Decree but not later than September 2008.

Defendants (1)

• NEW YORK, THE CITY OFNamed in complaintNamed in settlement

Facilities (22)

• NYC DEPT OF SANITATION BRONX DIST 9 GAR

  850 ZEREGA AVENUE, BRONX, NY, 10473

  Registry ID: 110000882199

• NYC-DOC RIKERS ISLAND

  16-16 HAZEN STREET, EAST ELMHURST, NY, 11370-1361

  Registry ID: 110013699159

• NYC-DOC BRONX WEST 7/10

  4036 9TH AVENUE, NEW YORK, NY, 10034

  Registry ID: 110028109936

• NYC-FDNY EC4

  42 SOUTH STREET, NEW YORK, NY, 10005

  Registry ID: 110028124875

• NYC DOS QUEENS 14 - ARVERNE

  72-11 AMSTEL BLVD, FAR ROCKAWAY, NY, 116921039

  Registry ID: 110004421368

• NYC DEPT OF SANITATION CENTRAL REP SHOPS

  52-35 58TH ST, WOODSIDE, NY, 113770000

  Registry ID: 110000838808

• NYCDOT MASPETH SHOP

  58-50 57 ROAD, MASPETH, NY, 11378

  Registry ID: 110018925779

• NYC-DOC STATEN ISLAND 3

  100 WEST SERVICE ROAD, STATEN ISLAND, NY, 10314

  Registry ID: 110028124848

• NYC-FD ENGINE COMPANY 39

  157 EAST 67TH STREET, NEW YORK, NY, 10021

  Registry ID: 110028124866

• NYC FIRE DEPT ENGINE CO 222

  32 RALPH AVE, BROOKLYN, NY, 112213607

  Registry ID: 110004534870

• NYC-DEP PORT RICHMOND WPCP

  1801 RICHMOND TERRACE, STATEN ISLAND, NY, 10310

  Registry ID: 110000561339

• ELTINGVILLE SUBSTATION YARD

  RICHMOND AVE, STATEN ISLAND, NY, 10312

  Registry ID: 110008013498

• TAXI & LIMO COMMISSION NYC

  24-55 BROOKLYN - QUEENS EXPWY, WOODSIDE, NY, 11377

  Registry ID: 110004426880

• MIDTOWN NORTH POLICE PCT-306 W 54TH ST

  306 WEST 54TH STREET, MANHATTAN, NY, 10019

  Registry ID: 110019379055

• NYC-DOS BRONX 7/8 GARAGE

  423 WEST 215TH STREET, NEW YORK, NY, 10034

  Registry ID: 110028109918

• …and 7 more

Statutes cited

• RCRA 9005 — Inspections, Monitoring, Testing, Corrective Actions
• RCRA 9003 — UST Release Detection, Prevention, Correction Regulations

Enforcement conclusions (1)

• NEW YORK, THE CITY OFentered 2006-03-27

  Primary law: RCRA

  Federal penalty: $1,300,000

Timeline (7 milestones)

• 2002-04-02Referred To Dept Of Justice
• 2002-06-11Enforcement Action Data Entered
• 2002-12-05Complaint Filed With Court
• 2006-01-25Final Order Lodged
• 2006-03-27Concluded
• 2006-03-27Final Order Entered
• 2017-10-06Enforcement Action Closed