EPA v. Cargo Oil Inc.

Case summary

ON JANUARY 15, 2015, A FINAL ORDER WAS SIGNED BY THE 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. SECTION 6991e. THE CA/FO RESOLVES VIOLATIONS OF SUBTITLE I OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6991-6991I AND THE STATE OF WEST VIRGINIA'S AUTHORIZED UNDERGROUND STORANGE TANK REGULATIONS. CARGO OIL COMPANY INC. ( RESPONDENT ) IS THE OWNER AND OPERATOR OF THE GAS STATION WHICH WAS THE SUBJECT OF THE VIOLATIONS. THE GAS STATION IS LOCATED AT ROUTE 52 NORTH, BLUEWELL STATION, BLEFIELD, WEST VIRGINIA (THE FACILITY ). EPA'S JUNE 6, 2012 COMPLIANCE EVALUATION INSPECTION AND EPA'S INVESTIGATION IDENTIFIED THE FOLLOWING VIOLATION(S) REGARDING THE UNDERGTROUND STORAGE TANKS USTs AT THE FACILITY. SPECIFICALLY, RESPONDENT FAILED TO: PERFORM PIPING RELEASE DETECTION, CONDUCT ANNUAL TESTING OF LINE LEAK DETECTORS, AND MAINTAIN RECORDS OF PIPING RELEASE DETECTION. THE NEGOTIATIONS RESULTED IN A SETTLEMENT PENNALTY OF $22,577.00 TO BE PAID IN INSTALLMENTS OVER THE COURSE OF A YEAR.

Defendants (1)

• CARGO OIL COMPANYNamed in complaintNamed in settlement

Facilities (1)

• CARGO OIL COMPANY

  RT 52 (COAL HERITAGE ROAD) & QUICK ST, BLUEWELL, WV, 24701

  Registry ID: 110063599896

Statutes cited

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

Enforcement conclusions (1)

• CARGO OIL INCentered 2015-01-15

  Primary law: RCRA

  Federal penalty: $22,577

Timeline (3 milestones)

• 2015-01-15Complaint Filed/Proposed Order
• 2015-01-15Final Order Issued
• 2015-02-03Enforcement Action Data Entered