EPA v. Puerto Rico Army National Guard, Camp Santiago et al. (FF)

Case summary

This is an eleven-count administrative RCRA-UST Complaint to two federal governmental entities (Puerto Rico Army National Guard and the Army and Air Force Exchange Service), seeking a civil penalty as a result of multiple violations of underground storage tank (UST) requirements at the Camp Santiago federal facility in Salinas, Puerto Rico. The facility is a training center for military activities, and consists of vehicle fueling and maintenance areas. The Respondents, who own and operate five large USTs that store over 81,000 gallons of diesel fuel or gasoline for use in military or other vehicles, committed the following violations: failure to submit accurate tank notification; failure to operate, maintain, inspect, test and keep records of corrosion protection and cathodic protection equipment; failure to have overfill prevention equipment; failure to provide release detection monitoring for tanks and piping and maintain release detection records; failure to conduct annual test of operation of automatic line leak detectors and maintain records of test; and failure to respond appropriately to indications of release. Since Puerto Rico has an approved UST program, the Complaint cites Commonwealth of Puerto Rico regulations which are equivalent to the federal regulations found at 40 C.F.R. Part 280. The Complaint includes a Compliance Order that seeks compliance with the state- authorized UST requirements that are alleged to have been violated at the Camp Santiago Facility. The EPA entered into a separate settlement agreement with the other Respondent, PRARNG. The Respondent, AAFES, has emptied and temporarily closed the AAFES UST systems at Camp Santiago. If AAFES resumes ownership and/or operation of any UST system(s) at the Facility, the CA/FO requires that it provide a written certification that operations have resumed in accordance with a Gasoline Facility Monitoring and Response Plan (“Plan”) and that the USTs are in compliance with all applicable UST regulations. Failure to provide the required written certifications, documentation and Plan will subject AAFES to substantial stipulated penalties for non-compliance under the CA/FO. The Plan will provide written guidance for AAFES personnel at the Fort Buchanan and Camp Santiago facilities regarding what must be monitored, frequency of monitoring, report requirements, actions to be taken in response to alarm on interstitial leak detection monitors, prescribed maintenance for monitoring equipment, points of contact for reports and maintenance, and training necessary for facility personnel on the plan.

Defendants (2)

• Army and Air Force Exchange ServiceNamed in complaintNamed in settlement
• Puerto Rico Army National Guard, Camp SantiagoNamed in complaintNamed in settlement

Facilities (2)

• CAMP SANTIAGO JOINT MANEUVER TRAINING CENTER

  ROAD #1 INT ROAD #154, SALINAS, PR, 00751

  Registry ID: 110067612630

• CAMP SANTIAGO JOINT MANEUVER TRAINING CENTER

  ROAD #1 INT ROAD #154, SALINAS, PR, 00751

  Registry ID: 110067612630

Statutes cited

• RCRA 9006A — Underground Storage Tanks Compliance Order

Enforcement conclusions (2)

• Puerto Rico Army National Guard, Camp Santiago et al. (FF)entered 2009-04-23

  Primary law: RCRA

  Federal penalty: $39,000 · SEP: $670,000

• Puerto Rico Army National Guard, Camp Santiago et al. (FF)entered 2009-03-18

  Primary law: RCRA

  Federal penalty: $30,000

Timeline (4 milestones)

• 2008-03-31Complaint Filed/Proposed Order
• 2008-04-04Enforcement Action Data Entered
• 2009-04-23Enforcement Action Closed
• 2009-04-23Final Order Issued