EPA v. FAIRFAX COUNTY, VA (15 FACILITIES)

Case summary

ALTOGETHER, THERE WERE TWO TYPES OF VIOLATIONS AT THE FACILITIES, DESCRIBED AS FOLLOWS: AT ITS FIFTEEN FACILITIES, THE RESPONDENT HAD AUTOMATIC LINE LEAK DETECTORS (ALLD) IN PLACE THAT COULD HAVE BEEN UTILIZED FOR PIPING RELEASE DETECTION FROM ITS PRESSURIZED LINES. IN ADDITION, AT THIRTEEN OF THE FACILITIES, THE RESPONDENT HAD SUMP SENSORS FOR THE LINES THAT COULD DETECT LEAKS AND SERVE A SUBSTITUTE FOR THE ALLDS. THE UST PROGRAM REQUIRES OWNERS/OPERATORS OF UST SYSTEMS TO ANNUAL TEST THEIR LLDS. FOR THE TWO FACILITIES THAT DID NOT HAVE SUMP SENSORS, THE RESPONDENT DID NOT TEST THE ALLDS FOR ABOUT TWO YEARS, PLUS AN ADDITIONAL PERIOD OF FIVE MONTHS FOR ONE FACILITY. FOR ONE OF THE FACILITIES WITH ALLDS AND SUMP SENSORS, THE RESPONDENT DID NOT TEST THE ALLDS AND SUMP SENSORS FOR ABOUT TWO YEARS, PLUS AN ADDITIONAL PERIOD OF FIVE MONTHS. AT THE OTHER TWELVE FACILITIES FOR AT LEAST A YEAR, THE RESPONDENT DID NOT TEST THE SUMP SENSORS, WHICH WERE BEING USED TO ACT AS THE FACILITIES' LINELEAK DETECTORS. FOR THE OTHER TYPE OF VIOLATION, ALL OWNERS AND OPERATORS OF PETROLEUM UST SYSTEMS WITH PRESSURIZED PIPING MUST HAVE AN ANNUAL LINE TIGHTNESS TEST OR HAVE MONTHLY MONITORING OF HTE PIPING. (THE REQUIREMENT TO HAVE EITHER IS KNOWN AS THE REQUIREMENT TO HAVE SECONDARY PIPING RELEASE DETECTION.) AT TWO FACILITY FOR VARYING PERIOD OF TIME BUT FOR ALMOST TWO YEARS AT BOTH, THE RESPONDENT DID NOT CONDUCT SECONDARY PIPING RELEASE DETECTION.

Defendants (1)

• FAIRFAX COUNTY, VANamed in complaintNamed in settlement

Facilities (18)

• FRYING PAN FIRE STATION

  2660 WEST OX ROAD, HERNDON, VA, 20171

  Registry ID: 110069553628

• FAIRFAX COUNTY EMTA-JTN

  3609 JERMANTOWN RD, FAIRFAX, VA, 22030

  Registry ID: 110005230026

• THOMAS JEFFERSON HIGH SCHOOL SCIENCE AND TECHNOLOG

  6560 BRADDOCK ROAD, ALEXANDRIA, VA, 22312-2206

  Registry ID: 110001894558

• GREAT FALLS FIRE STATION #12

  9916 GEORGETOWN PIKE, GREAT FALLS, VA, 22066

  Registry ID: 110069553290

• LINE MAINTENANCE PROPERTY YARD

  6000 FRED'S OAK ROAD, BURKE, VA, 22015

  Registry ID: 110069553307

• WEST SPRINGFIELD POLICE

  6140 ROLLING ROAD, SPRINGFIELD, VA, 22152

  Registry ID: 110069549411

• FAIRFAX CONNECTOR BUS WEST

  4950 ALLIANCE DRIVE, FAIRFAX, VA, 22035

  Registry ID: 110069553637

• LORTON FIRE STATION #19

  7701 ARMISTEAD ROAD, LORTON, VA, 22079

  Registry ID: 110069547618

• WOODSON SUPPORT CENTER

  9515 MAIN ST, FAIRFAX, VA, 220314006

  Registry ID: 110020674778

• WOODSON SUPPORT CENTER

  9515 MAIN ST, FAIRFAX, VA, 220314006

  Registry ID: 110020674778

• STONECROFT TRANSPORTATION CENTER

  4641 STONECROFT BOULEVARD, CHANTILLY, VA, 20151

  Registry ID: 110069547869

• MCLEAN FIRE STATION #1

  1455 LAUGHLIN AVENUE, MCLEAN, VA, 22101

  Registry ID: 110069547627

• FC HERNDON BUS OPS

  268 SPRING ST, HERNDON, VA, 20171

  Registry ID: 110069553281

• WEST DRIVE PROPERTY YARD

  10635 WEST DRIVE, FAIRFAX, VA, 22030

  Registry ID: 110069553619

• FAIRFAX COUNTY EMTA-JTN

  3609 JERMANTOWN RD, FAIRFAX, VA, 22030

  Registry ID: 110005230026

• …and 3 more

Statutes cited

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

Enforcement conclusions (1)

• FAIRFAX COUNTY, VA (15 FACILITIES)entered 2016-08-11

  Primary law: RCRA

  Federal penalty: $64,450

Timeline (3 milestones)

• 2016-08-11Final Order Issued
• 2016-08-11Complaint Filed/Proposed Order
• 2016-09-08Enforcement Action Data Entered