EPA v. Valvo's Convenience & Gas, Inc. (SB)

Case summary

Respondent'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 a 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. Previous bankruptcy referral sent to DOJ. This is the Administrative Complaint portion. Amended complaint signed March 28, 2012. Second Amended Complaint: Updated case on status of violations and added a new count, although additional penalty not sought. Signed August 22, 2012.

Defendants (2)

• Valvo's Convenience & Gas, Inc. (SB)Named in complaintNamed in settlement
• Stephen ValvoNamed in complaintNamed in settlement

Facilities (3)

• HANOVER CONVENIENCE

  351 CENTRAL AVENUE, SILVER CREEK, NY, 14136

  Registry ID: 110032623686

• VALVO CONVENIENCE & GAS (CAR WASH)

  ROUTES 5 & 20 PO BOX 271, SILVER CREEK, NY, 14136

  Registry ID: 110030476679

• VALVO CONVENIENCE & GAS INC. (TRANSPORT)

  ROUTES 5 & 20 PO BOX 271, SILVER CREEK, NY, 14136

  Registry ID: 110030476633

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 2012-09-24

  Primary law: RCRA

  Federal penalty: $6,000

Timeline (6 milestones)

• 2011-06-03Complaint Filed/Proposed Order
• 2011-06-09Enforcement Action Data Entered
• 2012-03-28Amended Complaint
• 2012-08-22Amended Complaint
• 2012-09-24Final Order Issued
• 2012-09-24Enforcement Action Closed