EPA v. Orlovsky Brothers Gulf Service Station (SB)

Case summary

The Inspector issued the facility Field Citation II-UST-FC-490, in the amount of $2,350, for the following violations: 40 CFR 280.21(b): failure to meet all tank upgrade standards; 280.40(a): failure to provide adequate release detection method; 280.70(c): failure to permanently close temporarily closed UST systems after 12 months; 280.70(b): failure to comply with UST temporary closure requirements for 3 or more months; and 280.93(a): failure to comply with financial responsibility requirements. The facility owners did not have the financial means to come into compliance with the Field Citation. They applied for, and were awarded, a NJDEP UST Hardship Grant. It took almost three years for the facility owners to come into compliance and remove the four bare steel tanks. The delay was due to the lengthy application process, the extensive (and on-going) remedial investigation and corrective action conducted at the site, and the delays inherent in obtaining the grant monies from the NJDEP and the NJ Economic Development Authority. The facility's contractor issued the closure report for the UST removals in August 2005. While all additional work regarding the remedial investigation and corrective action at the site will be handled by the NJDEP Site Remediation Program, the facility has met all of the requirements for closing-out this Field Citation. Please note that since this facility was inspected in September 2002 (prior to the time when UST inspections were entered into the ICIS database), there is an ICIS # associated with this facility but there is no inspection entered under the ICIS #.

Defendants (1)

• Orlovsky Brothers Gulf Service Station (SB)Named in complaintNamed in settlement

Facilities (1)

• ORLOVSKY BROS GULF SERVICE STATION

  197 LAKEVIEW AVE, CLIFTON CITY, NJ, 07011

  Registry ID: 110014676582

Statutes cited

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

Enforcement conclusions (1)

• Orlovsky Brothers Gulf Service Station (SB)entered 2005-08-22

  Primary law: RCRA

  Federal penalty: $2,350

Timeline (4 milestones)

• 2005-08-22Final Order Issued
• 2005-08-22Enforcement Action Closed
• 2005-08-22Complaint Filed/Proposed Order
• 2005-08-25Enforcement Action Data Entered