EPA v. Village of Monticello

Case summary

This facility was one of several UST facilities selected for inspection because of it's location in a ground water endangerment risk area in NYS. The facility was issued Field Citation II-UST-FC-1038, in the amount of $1900, for the following violations: 40 CFR 280.21(a): failure to perform replacement, upgrade, or closure of substandard UST system; 280.40(a): failure to provide adequate release detection method; and 280.21(d): failure to provide overfill prevention system. Following the inspection the facility verified the presence of an extractor on the active gas tank, so the inspector removed the violation of 280.21(d) from the field citation and reduced the penalty to $1600. To address violation 280.21(a) the facility permanently closed the noncompliant UST; the closure work was conducted by the facility, which explains why the cost of injunctive relief was so minimal.

Defendants (1)

• Village of MonticelloNamed in complaintNamed in settlement

Facilities (1)

• VILLAGE OF MONTICELLO OFFICES

  2 PLEASANT STREET, MONTICELLO, NY, 12701

  Registry ID: 110024278486

Statutes cited

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

Enforcement conclusions (1)

• Village of Monticelloentered 2006-02-21

  Primary law: RCRA

  Federal penalty: $1,600

Timeline (4 milestones)

• 2006-02-21Enforcement Action Closed
• 2006-02-21Complaint Filed/Proposed Order
• 2006-02-21Final Order Issued
• 2006-02-21Enforcement Action Data Entered