EPA v. CPD Energy Corp. et al. - Chestnut Petroleum

Case summary

This case involves a penalty of $187,500 for violations of various federal underground storage tank requirements by eight owners and operators of UST systems. The violations include release detection for tanks and piping, including for temporarily closed tanks, release detection record-keeping for tanks and piping, reporting of suspected releases or unusual operating conditions, release investigation and confirmation of suspected releases or unusual operating conditions, cap and secure temporary closed tanks, operate (include inspect and test) and maintain records of corrosion protection of UST systems, maintain UST financial responsibility requirements -- insurance policies to compensate 3rd parties who are injured from accidental releases arising from operation of USTs. Injunctive Relief under the Consent Decree includes compliance with all the requirements alleged to have been violated, as well as continued operation for 3 years of environmental management system providing centralized monitoring of release detection for all USTs at the facilities identified in the Consent Decree; compliance with UST requirements including new UST regulations that became effective in October 2018; operator training; monthly and annual operation and maintenance walk-thru inspections, monitoring of under-dispenser containment systems, replacement or supplementation of ball float overfill devices with automatic shutoff valve or high level alarm.

Defendants (8)

• Chestnut Petroleum Dist., Inc.Named in complaintNamed in settlement
• NJ Energy Corp.Named in complaintNamed in settlement
• CPD Energy Corp.Named in complaintNamed in settlement
• CPD NY Energy Corp.Named in complaintNamed in settlement
• Chestnut Mart of Gardiner, Inc.Named in complaintNamed in settlement
• Chestnut Marts, Inc.Named in complaintNamed in settlement
• Greenburgh Food Mart, Inc.Named in complaintNamed in settlement
• Middletown Food Mart, Inc.Named in complaintNamed in settlement

Facilities (20)

• MOBIL R/S # 12048

  290 ROUTE 211 EAST, MIDDLETOWN, NY, 10940

  Registry ID: 110054078412

• NJ ENERGY CORP # 39885

  468 ROUTE 17 NORTH, HASBROOK HEIGHTS, NJ, 07604

  Registry ID: 110054902423

• TACONIC D.D.S.O.

  ROUTE 22, WASSAIC, NY, 12592

  Registry ID: 110032617880

• NJ ENERGY CORP # 32084

  19 EAST 33RD STREET (MCLEAN BLVD.), PATERSON, NJ, 07514

  Registry ID: 110054928101

• CHESTNUT MARTS-KNOLLWOOD ROAD (FC FUEL)

  381 KNOLLWOOD ROAD, GREENBURGH, NY, 10603-1914

  Registry ID: 110070616335

• CHESTNUT MART, INC. (MOBI)

  891 SAW MILL RIVER ROAD, ARDSLEY, NY, 10502

  Registry ID: 110054072418

• MOBIL

  1663 ROUTE 9, WAPPINGER FALLS, NY, 12590

  Registry ID: 110055179612

• 3083 WEBSTER AVENUE

  3083 WEBSTER AVENUE, BRONX, NY, 10467

  Registry ID: 110055173397

• NJ ENGERY CORP # 39847

  470 ROUTE 1 N & CRAIG, EDISON, NJ, 08817

  Registry ID: 110054927987

• NECG # 58703

  1372 UNION STREET, SCHENECTADY, NY, 12308

  Registry ID: 110055216314

• POUGHKEEPSIE GETTY

  340 VIOLET AVE, POUGHKEEPSIE, NY, 12601

  Registry ID: 110055172174

• CHESTNUT MARTS INC

  170 SAW MILL RIVER RD, MOUNT PLEASANT, NY, 10532

  Registry ID: 110054072392

• MOBIL R/S 10745

  2072 E. MAIN STREET, PEEKSKILL, NY, 10566

  Registry ID: 110046306724

• CHESTNUT MART OF GARDINER

  604 ROUTE 208, GARDINER, NY, 12525

  Registry ID: 110054076806

• CHESTNUT PETROLEUM (ORANGEBURG SHELL)

  75 DUTCH HILL ROAD, ORANGEBURG, NY, 10962

  Registry ID: 110064416136

• …and 5 more

Statutes cited

• RCRA 9006A — Underground Storage Tanks Compliance Order

Enforcement conclusions (1)

• CPD Energy Corp. et al. - Chestnut Petroleumentered 2020-09-11

  Primary law: RCRA

  Federal penalty: $187,500

Timeline (7 milestones)

• 2014-09-30Referred To Dept Of Justice
• 2014-10-01Enforcement Action Data Entered
• 2019-05-01Complaint Filed With Court
• 2020-06-30Final Order Lodged
• 2020-09-11Concluded
• 2020-09-11Final Order Entered
• 2023-10-10Enforcement Action Closed