EPA v. NEW YORK AVENUE, LLC (NEW YORK AVENUE, BP STATION)

Case summary

ON JULY 19, 2013, 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 (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 DISTRICT OF COLOMBIA’S AUTHORIZED UNDERGROUND STORAGE TANK REGULATIONS. 1231 NEW YOUR AVENUE, LLC, (“RESPONDENT”) IS THE OWNER AND OPERATOR OF THE GAS STATION WHICH WAS THE SUBJECT OF THE VIOLATIONS. THE GAS STATION IS LOCATED AT 1231 NEW YORK AVENUE, NE, IN THE DISTRICT OF COLOMBIA, (THE “FACILITY”). EPA’s INVESTIGATION IDENTIFIED THE FOLLOWING VIOLATION(S) REGARDING THE UNDERGROUND STORAGE TANKS “USTs”) AT THE FACILITY. SPECIFICALLY, RESPONDENTS FAILED TO ENSURE CATHODIC PROTECTION ON ITS 4 USTs SYSTEM WAS TESTED EVERY 3 YEARS AS REQUIRED BY DC 5901.4 [40. C.F.R. 280.31(b)(1)]. 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.

Defendants (1)

• 1231 NEW YORK AVENUE, LLCNamed in complaintNamed in settlement

Facilities (2)

• NEW YORK AVENUE BP

  1231 NEW YORK AVENUE, N.E., WASHINGTON, DC, 20002

  Registry ID: 110001968764

• NEW YORK AVENUE BP

  1231 NEW YORK AVENUE, N.E., WASHINGTON, DC, 20002

  Registry ID: 110001968764

Statutes cited

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

Enforcement conclusions (1)

• NEW YORK AVENUE, LLC (NEW YORK AVENUE, BP STATION)entered 2013-07-19

  Primary law: RCRA

  Federal penalty: $2,500

Timeline (3 milestones)

• 2013-07-19Complaint Filed/Proposed Order
• 2013-07-19Final Order Issued
• 2013-08-01Enforcement Action Data Entered