EPA v. DUNCAN PETROLEUM, INC
Final Order With Penalty
Case summary
On September 30, 2004, EPA Region III filed a Complaint, Compliance Order and Notice of Opportunity for Hearing ( Complaint ) against Duncan Petroleum Corporation ( Duncan ), a gasoline wholesaler, of Dover, Delaware. The Complaint alleges that Duncan violated Subtitle I of RCRA by failing to comply with the State of Marylandýýýs federally authorized underground storage tank ( UST ) regulations at Duncan's Super Soda Centers located in Federalsburg, Easton, Preston, Cambridge and Chestertown, Maryland. Duncan's alleged violations include failure to: properly monitor its USTs for releases (leaks); report suspected releases from its USTs to the Maryland Department of the Environment; investigate and confirm suspected releases from its USTs; operate and/or maintain a release detection system in accordance with the manufacturer's instructions; and periodically test and inspect a cathodic (corrosion) protection system. The Complaint proposes the assessment of a civil penalty of up to $11,000 for each tank for each day of alleged violation and includes a compliance order.
Defendants (1)
- DUNCAN PETROLEUM, INC (SB)Named in complaintNamed in settlement
Facilities (5)
SUPER SODA CENTER (FEDERALSBURG)
102 W CENTRAL AVENUE, FEDERALSBURG, MD, 21632
Registry ID: 110018921942
SUPER SODA CENTER (CHESTERTOWN)
176 FLATLAND RD, CHESTERTOWN, MD, 21620
Registry ID: 110019852756
SUPER SODA CENTER (PRESTON)
101 MAPLE AVE, PRESTON, MD, 21655
Registry ID: 110019855986
SUPER SODA CENTER (CAMBRIDGE)
106 CEDAR ST, CAMBRIDGE, MD, 21613
Registry ID: 110006638326
SUPER SODA CENTER (EASTON)
326 E DOVER ST, EASTON, MD, 21601
Registry ID: 110018922530
Statutes cited
- RCRA 9006A — Underground Storage Tanks Compliance Order
- RCRA 9006D — UST Civil Penalties
- RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
Enforcement conclusions (1)
DUNCAN PETROLEUM, INCentered 2006-02-17
Primary law: RCRA
Federal penalty: $65,000
Timeline (3 milestones)
- 2003-10-16Enforcement Action Data Entered
- 2004-09-30Complaint Filed/Proposed Order
- 2006-02-17Final Order Issued
Case metadata
- EPA activity ID
- 106936
- Case number
- 03-2004-0004
- Lead agency
- EPA
- EPA region
- 03
- Voluntary self-disclosure
- No
- Primary statute
- Underground Storage Tanks Compliance Order
Sourced verbatim from EPA ECHO Enforcement Case Report for case 03-2004-0004 . Bulk data: ICIS-FEC download summary.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.