EPA v. LAPE, WILLIAM O D/B/A BOSWELL SERVICE CENTER

Case summary

RESPONDENT OPERATES AN AUTOMOTIVE REPAIR FACILITY LOCATED IN BOSWELL, PENNSYLVANIA. AN EPA INSPECTION ON JUNE 13, 2000 DETERMINED THAT AT LEAST ONE UST CONTAINING PETROLEUM IS PRESENT AT THE FACILITY. RESPONDENT STOPPED SELLING GASOLINE IN 1994, AND IT APPEARS THAT THE TANK HAS NOT BEEN ADDED TO OR EMPTIED SINCE THAT TIME. ONE 3,000 GALLON PETROLEUM TANK WAS REGISTERED ON AUGUST 2, 1990 WITH THE COMMONWEALTH OF PENNSYLVANIA. THE INSPECTION DETERMINED THAT THE TANK, KNOWN AS TANK 1 IN THE INSPECTION REPORT, CONTAINED LESS THAN ONE INCH OF PETROLEUM, IS MADE OF STEEL AND IS CORRODED AS EVIDENCED BY THE AMOUNT OF GROUNDWATER IN THE TANK. DUE TO THE FACT THAT TANK 1 IS NOT IN COMPLIANCE WITH EITHER THE NEW UST SYSTEM PERFORMANCE STANDARDS UNDER 40 C.F.R. SECTION 280.20 OR THE UPGRADING REQUIREMENTS UNDER 40 C.F.R. SECTION 280.21, RESPONDENT AS THE OWNER/OPERATOR HAS BEEN REQUIRED SINCE JANUARY 1, 1996 TO CLOSE TANK 1 IN ACCORDANCE WITH 40 C.F.R. SECTION 280.70(C). ADDITIONALLY, RESPONDENT, AS THE OWNER AND OPERATOR, HAS BEEN REQUIRED SINCE DECEMBER 22, 1998 TO AT LEAST TERMPORARILY CLOSE THIS UST SYSTEM AND SINCE DECEMBER 22, 1999 TO PERMANTELY CLOSE THIS UST SYSTEM IN ACCORDANCE WITH 40 C.F.R. PART 280, SUBPART G, AS REQUIRED BY 40 C.F.R. SECTION 280.21(A). EPA ALSO ISSUED RESPONDENT AN INFORMATION REQUEST LETTER ON DECEMBER 11, 1999 BY REGULAR MAIL. THE INFORMATION REQUEST WAS RESENT ON FEBRUARY 9, 2000 BY FEDERAL EXPRESS AND DELIVERED TO RESPONDENT ON FEBRUARY 11, 2000. THE RESPONSE TO THE INFORMATION REQUEST WAS DUE ON OR BEFORE MARCH 22, 2000. EPA ALSO SENT TWO ADDITIONAL LETTERS TO RESPONDENT ON MAY 17 AND JUNE 15, 2000 REMINDING RESPONDENT OF HIS OBLIGATION TO RESPOND. DELIVERY OF THESE LETTER WAS CONFIRMED BY FEDERAL EXPRESS ON MAY 19, AND JUNE 6, RESPECTIVELY. RESPONDENT HAS NEVER PROVIDED A RESPONSE TO THIS INFORMATION REQUEST. RESPONDENT'S FAILURE TO ANSWER EPA'S INFORMATION REQUEST, IS THEREFORE A VIOLATION OF 40 C.F.R. SECTION 280.34.

Defendants (2)

• LAPE, WILLIAM O D/B/A BOSWELL SERVICE CTNamed in complaintNamed in settlement
• WILLIAM O LAPE D/B/A BOSWELL SERVICE CTRNamed in complaint

Facilities (1)

• BOSWELL SVC CTR

  203 MAIN ST, BOSWELL, PA, 15531

  Registry ID: 110010584938

Statutes cited

• RCRA 9005 — Inspections, Monitoring, Testing, Corrective Actions
• RCRA 9006A — Underground Storage Tanks Compliance Order

Enforcement conclusions (1)

• LAPE, WILLIAM O D/B/A BOSWELL SERVICE CENTERentered 2001-07-17

  Primary law: RCRA

  Federal penalty: $100

Timeline (4 milestones)

• 2000-07-03Enforcement Action Data Entered
• 2000-08-09Complaint Filed/Proposed Order
• 2001-07-17Final Order Issued
• 2002-03-30Enforcement Action Closed