EPA v. PARAS-P2 CORPORATION (CLIPPER FOOD MART, INC SITE)

Case summary

On May 14, 2013, a Final Order was signed by the Regional Judicial Officer and the Final Order and Consent Agreement (“CA/FO”) were 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 (collectively “RCRA”), 42 U.S.C. §6991e. The CA/FO resolves violations of Subtitle I of the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §§ 6991-6991i.and the Commonwealth of Virginia’s authorized underground storage tank regulations. Paras-P2 Corporation (“Respondent”) is the owner and operator of the gas station which was the subject of the violations. The gas station is located at 5611 Williamson Road Road in Roanoke Virginia (the “Facility”). EPA’s May 4, 2010 Compliance Evaluation inspection and EPA’s investigation identified the following violation(s) regarding the underground storage tanks “USTs” at the Facility. Specifically, Respondents failed to; test or inspect its cathodic protection system, provide release detection or to provide fiscal responsibility (sufficient insurance). During the course of the negotiations EPA offered Respondent the opportunity to settle this matter by entering into an administrative settlement in lieu of proceeding 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 factors, Respondents’ ability to pay a penalty and remain in business. Respondent presented persuasive documentation that it could not pay a significant penalty if it were expected to remain in business and comply with the Compliance Tasks in the Complaint. The negotiations resulted in a settlement penalty of $8,400.

Defendants (1)

• PARAS-P2 CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• CLIPPER FOOD MART #3

  5611 WILLIAMSON ROAD, ROANOKE, VA, 24012

  Registry ID: 110041881407

Statutes cited

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

Enforcement conclusions (1)

• PARAS-P2 CORPORATION (CLIPPER FOOD MART, INC SITE)entered 2013-05-14

  Primary law: RCRA

  Federal penalty: $8,400

Timeline (3 milestones)

• 2013-05-14Final Order Issued
• 2013-05-14Complaint Filed/Proposed Order
• 2013-05-28Enforcement Action Data Entered