EPA v. SERVICE GAS CO, INC

Case summary

THIS PROPOSED ADMINISTRATIVE COMPLAINT SEEKS TO RECOVER A CLASS I CIVIL PENALTY OF $9,401.70 AGAINST SERVICE GAS COMPANY, INC., ( SGCI ) FOR ITS FAILURE TO HAVE AN SPILL PREVENTION, CONTROL AND COUNTERMEASURE ( SPCC ) PLAN FOR ITS RETAIL FOOD AND FUEL STOP KNOWN AS SENTRY FOOD MART #24 IN WYTHEVILLE, VIRGINIA, IN VIOLATION OF THE REGULATIONS SET FORTH AT 40 C.F.R. SECTION 112.3(B) AND PROMULGATED PURSUANT TO SECTION 311(J) OF THE CWA, 33 U.S.C.SECTION 132(J). SGI'S FACILITY HAS BEEN OPERATING FOR AT LEAST TEN YEARSAND HAS EIGHT UNDERGROUND STORAGE TANKS FOR PETROLEUM PRODUCTS W WITH AN AGGREGATE CAPACITY OF 100,000 GALLONS. THERE IS AT LEAST ONE STORM DRAIN AT THE FACILITY, WHICH IS LOCATED WITHIN ONE-QUARTER MILE OF AN UNNAMED TRIBUTARY TO REED CREEK, A TRIBUTARY OF THE NEW RIVER. AN EPA INSPECTION IN AUGUST 2000 REVEALED THAT THE FACILITY DI DNOT HAVE AN SPCC PLAN. EPA ISSUED A NOTICE OF NONCOMPLIANCE TO SGCI IN DECEMBER 2000, WHICH ALLOWED THE COMPANY A SIXTY-DAY GRACE PERIOD TO SUBMIT AN SPCC PLAN. SGCI FAILED TO COME INTO COMPLIANCE WITHIN THE GRACE PERIOD. THE COMPANY EVENTUALLY SUBMITTED AN SPCC PLAN NEARLY THREE MONTHS AFTER THE EXPIRATION OF THE GRACE PERIOD. AS A CONSEQUENCE OF SGCI'S LACK OF AN SPCC PLAN AT THE TIME OF EPA'S INSPECTIONS, AND ITS SUBSEQUENT FAILURE TO SUBMIT A PLAN DURING THE GRACE PERIOD, THE PROGRAM HAS PROPOSED THAT SCGI BE ASSESSED A CIVIL PENALTY OF $9,401.70.

Defendants (1)

• SERVICE GAS CO, INCNamed in complaintNamed in settlement

Facilities (1)

• SENTRY FOOD MART # 24

  117 READY MIX RD, WYTHEVILLE, VA, 24382

  Registry ID: 110010784641

Statutes cited

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

Enforcement conclusions (1)

• Service Gas Co, Incentered 2002-12-31

  Primary law: CWA

  Federal penalty: $2,500

Timeline (3 milestones)

• 2001-08-31Enforcement Action Data Entered
• 2001-09-20Complaint Filed/Proposed Order
• 2002-12-31Final Order Issued