EPA v. SENTRY GAS COMPANY, INC

Case summary

ON SEPTEMBER 27, 2001, REGION III ISSUED AN ADMINISTRATIVE COMPLAINT AGAINST SERVICE GAS COMPANY, INC., ( SGCI ) PERTAINING TO A VIOLATION OF THE OIL POLLUTION PREVENTION REGULATIONS PROMULGATED PURSUANT TO SECTION 311(J) OF THE CLEAN WATER ACT, AS AMENDED, ( CWA ), 33 U.S.C. SECTION 1321(J). THE VIOLATION PERTAINS TO SGCI'S FAILURE TO PREPARE A SPILL PREVENTION, CONTROL AND COUNTERMEASURE ( SPCC ) PLAN FOR ITS RETAIL FOOD AND FUEL STOP, SENTRY FOOD MART # 39 IN ROANOKE, VIRGINIA. SENTRY FOOD MART # 39 HAS AT LEAST THREE UNDERGROUND STORAGE TANKS FOR PETROLEUM PRODUCTS WITH AN AGGREGATE CAPACITY OF 44,000 GALLONS. THERE IS AT LEAST ONE STORM DRAIN AT THE FACILITY, AND THE FACILITY IS LOCATED WITHIN ONE-HALF (1/2) MILE OF BOTH DEER BRANCH CREEK AND CARVIN CREEK. THE STORM DRAIN DISCHARGES INTO DEER BRANCH CREEK WHICH FLOWS INTO CARVIN CREEK WHICH IS A TRIBUTARY OF THE ROANOKE RIVER. THE OIL POLUTION PREVENTION REGULATIONS REQUIRE OWNERS AND OPERATORS OF ONSHORE PETROLEUM PRODUCT STORAGE FACILITIES, THAT COULD REASONABLY BE EXPECTED TO DISCHARGE OIL IN HARMFUL QUANTITIES INTO OR UPON THE NAVIGABLE WATERS OF THE UNITED STATES OR ADJOINING SHORELINES, TO PREPARE SPCC PLANS. THE ADMINISTRATIVE COMPLAINT WAS ISSUED PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, 33 U.S.C. SECTION 1321(B)(6)(B)(I), AND PROPOSED A CLASS I PENALTY OF $6,267.80. PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE ACT AND 40 C.F.R. SECTION 19.4, THE RESPONDENT IS LIABLE FOR CIVIL PENALTIES OF UP TO $11,000 PER VIOLATION, UP TO A MAXIMUM OF $27,500.

Defendants (1)

• SENTRY GAS COMPANY, INCNamed in complaintNamed in settlement

Facilities (1)

• SENTRY FOOD MART # 39

  7101 WILLIAMSON RD, ROANOKE, VA, 24050

  Registry ID: 110010791731

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• Sentry Gas Company, Inc.entered 2002-12-31

  Primary law: CWA

  Federal penalty: $2,500

Timeline (3 milestones)

• 2000-12-12Enforcement Action Data Entered
• 2001-09-27Complaint Filed/Proposed Order
• 2002-12-31Final Order Issued