EPA v. Nedjet Yetim et al.

Case summary

Defendants at the Facilities have failed to satisfy numerous requirements mandated by Subtitle I of RCRA or 40 C.F.R. Part 280 including failure to: provide cathodic protection for existing metal piping; provide adequate release detection methods for tanks that routinely carry product; provide methods of release detection for pressurized piping systems; annually test automatic line leak detectors (ALLDs) for underground piping; maintain records of release detection; comply with temporary closure requirements; install adequate overfill protection in a new and existing tanks; and respond to requests for information. On October 3, 2016, the U.S. District Court for the Eastern District of New York approved a judicial Consent Judgment resolving claims against six Defendants, regarding their UST systems at stations in Elmont, North Babylon, and Island Park, New York. The Department of Justice, on behalf of EPA, brought this action pursuant to Section 9006 of RCRA, alleging that the Defendants failed to satisfy numerous requirements mandated by Subtitle I of RCRA and 40 C.F.R. Part 280, including not satisfying the legal obligation to: (1) provide cathodic protection for existing metal piping; (2) provide adequate release detection methods for tanks that routinely carry product; (3) provide methods of release detection for pressurized piping systems; (4) annually test automatic line leak detectors for underground piping; (5) maintain records of release detection; (6) comply with temporary closure requirements; (7) install adequate overfill protection in a new and existing tanks; and, (8) respond to all requests for information. The complaint also cited 11 others for violations at other gas stations. Litigation continues against the other Defendants who are not part of this settlement. The Consent Judgment requires the Settling Defendants to comply with the RCRA-UST requirements that are applicable to all of the USTs at their facilities, including any UST newly installed, brought into use or discovered at the facilities. Should Defendants acquire or install UST systems at other facilities they own, the requirements of the Consent Judgment shall be applicable to such UST systems. Defendants also must pay a $60,000 civil penalty. On October 2, 2017, the U.S. District Court for the Eastern District of New York approved a Judgment by Confession in a judicial underground storage tank (UST) enforcement action to resolve the United States' claims against the Defendant. On April 20, 2017, the U.S. District Court granted the United States Motion for Partial Summary Judgment as to liability, ordered the Defendant and his two companies to immediately cease violations of and to comply with UST rules, and set an evidentiary hearing to determine penalty. Under the Judgment by Confession, the Defendant confessed judgment and agreed to entry of judgment against him in the total sum of $850,000. This settlement resolves the civil penalty claims of the United States against the Defendant and avoids the need for a hearing on penalty.

Defendants (18)

• Elmont Gasoline Co. Inc.Named in complaint
• Gizem Realty Corp.Named in complaint
• Venus Bukey Realty, Inc.
• Asli & Gizem Realty Corp.Named in complaint
• Rachelann YetimNamed in complaintNamed in settlement
• Fast Gasoline Station, Inc.Named in complaintNamed in settlement
• 102 Elmont Realty Corp.Named in complaint
• Black Realty Inc.Named in complaintNamed in settlement
• NGRV Realty Co. Inc.Named in complaintNamed in settlement
• Nedjet YetimNamed in complaintNamed in settlement
• Hempstead Gasoline Station Inc.Named in complaint
• Venus Bukey Realty, Inc.Named in complaintNamed in settlement
• S & B Petroleum Inc.Named in complaint
• PDE Island Park, Inc.Named in complaint
• T-Maxx @ Petro Gas, Inc.Named in complaint
• Tag Gasoline, Inc.Named in complaintNamed in settlement
• Target Petroleum, Inc.Named in complaint
• Liberty Petroleum - RGV Petroleum, Inc.Named in complaint

Facilities (4)

• LIBERTY PETROLEUM (S & B PETROLEUM)

  725 WYANDACH AVENUE, WEST BABYLON, NY, 11704

  Registry ID: 110040068226

• PDE ISLAND PARK

  4305 AUSTIN BLVD., ISLAND PARK, NY, 11558

  Registry ID: 110040075557

• RACHEL PETROLEUM INC.

  1278 HEMPSTEAD TURNPIKE, ELMONT, NY, 11003

  Registry ID: 110039160975

• TAG GASOLINE

  653 HEMPSTEAD TURNPIKE, ELMONT, NY, 11003

  Registry ID: 110044225362

Statutes cited

• RCRA 9006A — Underground Storage Tanks Compliance Order
• RCRA 9003 — UST Release Detection, Prevention, Correction Regulations

Enforcement conclusions (2)

• Nedjet Yetim - Rachelann Yetim Defendantsentered 2016-10-03

  Primary law: RCRA

  Federal penalty: $60,000

• Nedjet Yetim et al.entered 2017-10-02

  Primary law: RCRA

  Federal penalty: $850,000

Timeline (6 milestones)

• 2012-09-27Referred To Dept Of Justice
• 2012-09-27Enforcement Action Data Entered
• 2014-02-07Complaint Filed With Court
• 2017-09-29Final Order Lodged
• 2017-10-02Final Order Entered
• 2020-12-18Enforcement Action Closed