EPA v. Valvo's Convenience & Gas, Inc. (SB)
Final Order No Penalty
Case summary
Debtor's three facilities have a total of 8 USTs that have been out of compliance with the regulations for USTs as documented in four inspections on 2-26-07, 8-10-07, 10-22-08 prior to the bankruptcy filing and one inspection post- petition on March 15, 2010. The tanks need to be upgraded or permanently/temporarily closed. EPA documented violations of 40 CFR Part 280, including failure to monitor every 30 days, failure to monitor for releases, failure to test cathodic corrosion protection, failure to install overfill prevention device, and failure to have line tightness test. The United States filed a motion requesting that any penalty assessed in this bankruptcy matter be treated as an administrative claim, and the Judge made that determination. The Judge also determined that the penalty in the administrative case would be allowed in this bankruptcy case. Those determinations by the Judge were necessary in the bankruptcy case and also required before the administrative settlement could be considered as final.
Defendants (1)
- Valvo's Convenience & Gas, Inc. (SB)Named in complaintNamed in settlement
Facilities (3)
VALVO CONVENIENCE & GAS INC. (TRANSPORT)
ROUTES 5 & 20 PO BOX 271, SILVER CREEK, NY, 14136
Registry ID: 110030476633
VALVO CONVENIENCE & GAS (CAR WASH)
ROUTES 5 & 20 PO BOX 271, SILVER CREEK, NY, 14136
Registry ID: 110030476679
HANOVER CONVENIENCE
351 CENTRAL AVENUE, SILVER CREEK, NY, 14136
Registry ID: 110032623686
Statutes cited
- RCRA 9003 — UST Release Detection, Prevention, Correction Regulations
- RCRA 9003[C][3]-[4] — UST Release Detection, Prevention, Correction
Enforcement conclusions (1)
Valvo's Convenience & Gas, Inc. (SB)entered 2012-11-02
Primary law: RCRA
Timeline (7 milestones)
- 2011-03-11Referred To Dept Of Justice
- 2011-03-22Enforcement Action Data Entered
- 2012-07-30Complaint Filed With Court
- 2012-10-11Final Order Lodged
- 2012-11-02Final Order Entered
- 2012-11-02Concluded
- 2013-11-02Enforcement Action Closed
Case metadata
- EPA activity ID
- 2600006124
- Case number
- 02-2011-0006
- Lead agency
- EPA
- Branch
- WTS
- EPA region
- 02
- Voluntary self-disclosure
- No
- Primary statute
- UST Release Detection, Prevention, Correction Regulations
Sourced verbatim from EPA ECHO Enforcement Case Report for case 02-2011-0006 . Bulk data: ICIS-FEC download summary.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.