EPA v. OASIS FOOD MART, INC

Case summary

ON MAY 15, 2012, A CONSENT AGREEMENT AND FINAL ORDER ( CA/FO ) WAS FILED WITH THE REGION III HEARING CLERK PURSUANT TO THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976, AS AMENDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 (COLLECIVELY RCRA ), 42 U.S.C. SECTION 6991e. THE CA/FO RESOLVES VIOLATIONS OF SUBTITLE I OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6991e-6991i AND THE COMMONWEALTH OF VIRGINIA'S AUTHORIZED UNDERGROUND STORAGE TANK REGULATIONS. OASIS FOOD MARKET INC AND Y & A INVESTMENTS, LLC ( RESPONDENT ) ARE THE OWNER AND OPERATOR OF THE GAS STATION WHICH WAS THE SUBJECT OF THE VIOLATIONS. THE GAS STATION IS LOCATED AT 3124 BROAD ROCK ROAD IN RICHMOND VIRGINIA (THE FACILITY ). EPA' SEPTEMBER 23, 208 COMPLIANCE EVALUATION INSPECTION AND EPA'S INVESTIGATION IDENTIFIED THE FOLLOWING VIOLATION(S) REGARDING THE UNDERGROUND STORAGE TANKS (USTs AT THE FACILITY. SPECIFICIALLY, RESPONDENT FAILED TO: CONDUCT TANK RELLEASE DETECTION, HAVE THE LLDs TESTED ANNUALLY, CONDUCT PIPING RELEASE DETECTION AND FAILED TO HAVE SUFFICIENT CATHODIC PROTECTION FOR THE USTs. THE COMPLIANCED ORDER IN THE COMPLAINT REUQIRED RESPONDENT TO EVALUATE THE INTEGRITY OF USTs AND ASSOCIATED PIPING AT THE FACILITY. EPA PRESERVED ITS RIGHT TO PROPOSE A PENALTY FOR THIS MATTER A LATTER DATE. DURING THE COURSE OF THE NGOTIATIONS, WHICH BEGAN PRIOR TO THE ISSUANCE OF THE COMPLAINT ON SEPTEMBER 30, 2011, EPA OFFERED RESPONDENT THE OPPORTUNITY TO SETTLE THIS MATTER BY ENTERING INTO AN ADMINISTRATIVE SETTLEMENT IN LIEU O FPROCEEDING WITH FORMAL LITIGATION BY PAYING A NEGOTIATED PENALTY FOR THE VIOLATIONS OF RCRA UNCOVERED AT THE FACILITY. REGARDING SETTLEMENT EPA IS REQUIRED TO CONSIDER, AMONG OTHER FADCTORS, RESPONDENTS' ABILITY TO PAY A PENALTY ANHD REAMIN IN BUSINESS. RESPONDENTS PRESENTED PERSUASIVE DOCUMENTATION THAT THEY COULD NOT PAY ANYTHING OTHER THAN A NOMINAL PENALTY IF THEY WERE EXPECTED TO REMAIN IN BUSINESS AND COMPLY WITH THE COMPLIANCE TASKS IN THE COMPLAINT. THE NEGOTIATIONS RESULTED IN A SETTLEMENT PENALTY AND THE REQUIREMENT THAT RESPONDENTS PERMANENTLY CLOSE THE USTs AT THE FACILITY.

Defendants (1)

• OASIS FOOD MARKET, INC (SB)Named in complaintNamed in settlement

Facilities (1)

• OASIS FOOD MART, INC

  3124 BROAD ROCK ROAD, RICHMOND, VA, 23224

  Registry ID: 110024276068

Statutes cited

• RCRA 9006A — Underground Storage Tanks Compliance Order

Enforcement conclusions (1)

• OASIS FOOD MART, INCentered 2012-05-15

  Primary law: RCRA

  Federal penalty: $100

Timeline (3 milestones)

• 2011-09-30Complaint Filed/Proposed Order
• 2011-10-19Enforcement Action Data Entered
• 2012-05-15Final Order Issued