EPA v. TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS

Case summary

At Hampton Roads: 1. Respondent did not conduct an annual test of the automatic line leak detector in accordance with 9 VAC 25-580-170(1) for Tank 7 in calendar years 2005, 2006, 2007 and 2008 in violation of 9 VAC 25-580-140(2)(a)(1). 2. Respondent did not conduct an annual test of the automatic line leak detector conducted in accordance with of 9 VAC 25-580-170(1) for Tanks 8 and 9 in calendar years 2006, 2007, and 2008 in violation of 9 VAC 25-580-140(2)(a)(1). 3. Respondent did not conduct an annual line tightness test or perform monthly monitoring of the pressurized piping that conveys regulated substances associated with Tank 7 at the Hampton Facility during the time period October 26, 2005 – April 26, 2007 and April 26, 2008 – July 10, 2008 as required by 9 VAC 25-580-140(2)(a)(2). 4. Respondent did not conduct an annual line tightness test or perform monthly monitoring of the pressurized piping that conveys regulated substances associated with Tanks 8 and 9 at the Hampton Facility during the time periods September 28, 2006 – April 26, 2007 and April 26, 2008 – July 10, 2008 as required by 9 VAC 25-580-140(2)(a)(2) in violation of 9 VAC 25-580-140(2)(a)(2). 5. From January 1, 2005 through July 1, 2009, the galvanized steel piping that routinely contained regulated substances and was in contact with the ground that was associated with Tanks 1 – 6 at the Hampton Facility did not have corrosion protection as required by 9 VAC 25-580-50(2)(b)(1) - (4). 6. For one year prior to the Hampton CEI, Respondent did not maintain the November and December 2007 monthly release detection testing results for Tank 10 at the Hampton Facility or a readily available alternative site. 7. For one year prior to the Hampton CEI, Respondent did not maintain the November 2007 monthly release detection testing result for Tank 11 located at the Hampton Facility or a readily available alternative site. At Norfolk: 8. For one year prior to the Norfolk CEI, Respondent did not maintain the September 2006 through May 2008 release detection records for Tanks 1, 2, 3, and 5 at the Norfolk Facility or a readily available alternative site. 9. At the time of the Norfolk CEI, the release detection monitoring system for Tank 4 at the Norfolk Facility indicated a “fuel alarm,” indicating a potential release. Respondent did not investigate the cause of the fuel alarm within seven days as required by 9 VAC 25-580-210. Respondent did not make a written request to the Board for another reasonable period of time in which to investigate the cause of the fuel alarm as provided by 9 VAC 25-580-210. Respondent violated 9 VAC 25-580-190(3) by failing to timely investigate the suspected release indicated by the fuel alarm on Tank 4 at the Norfolk Facility. 10. Respondent did not report the suspected release to the Virginia State Water Control Board. Respondent violated 9 VAC 25-580-190(3) by failing to report the suspected release described in Count VI, above, to the Virginia State Water Control Board.

Defendants (1)

• TRANSPORTATION DISTRIT COMMISSION OF HAMPTON ROADSNamed in complaintNamed in settlement

Facilities (2)

• HAMPTON ROADS TRANSIT - NORFOLK

  509 E. 18TH STREET, NORFOLK, VA, 23504

  Registry ID: 110032614678

• HAMPTON ROADS TRANSIT - HAMPTON

  3400 VICTORIA BLVD, HAMPTON, VA, 23661

  Registry ID: 110032614696

Statutes cited

• RCRA 9003 — UST Release Detection, Prevention, Correction Regulations

Enforcement conclusions (1)

• TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADSentered 2010-09-27

  Primary law: RCRA

  Federal penalty: $59,441

Timeline (3 milestones)

• 2010-09-27Enforcement Action Data Entered
• 2010-09-27Final Order Issued
• 2010-09-27Complaint Filed/Proposed Order