EPA v. WHITE'S COAL CITY SERVICE

Case summary

On May 18, 2017, with the assistance of the West Virginia Department of Environmental Protection, a red tag is expected to be issued to White's Coal City Service, in Coal City, West Virginia. This facility was inspected by EPA Region III on July 28, 2015, and at that time the facility's sole 3,000 gallon underground storage tank (UST) was in temporary closure. Due to financial reasons, the owner had allowed the financial insurance on the tank to lapse. Maintaining financial responsibility for the UST is required, even for tanks that are in temporary closure status. EPA made attempts to work with the owner, but the owner ceased communication with EPA Region III. On April 4, 2017, a Notice of Intent to Prohibit Delivery was issued against White's Coal City Service. This Notice provided 30 days for the owner to either obtain insurance for the tank, or begin the process of permanent closure/removal of the UST and provide this information to EPA. If neither of these occurred, a red tag would be issued. The red tag is attached to the fill port of the tank, alerting any delivery driver that drops of product are unlawful. To get the red tag removed, the owner will have to contact EPA Region III and provide documentation of compliance.

Defendants (1)

• WHITE'S COAL CITY SERVICENamed in complaintNamed in settlement

Facilities (1)

• WHITE'S COAL CITY SERVICE

  2117 COAL CITY ROAD, COAL CITY, WV, 25823

  Registry ID: 110064841505

Statutes cited

• RCRA 9006D2E — UST Delivery Prohibition

Enforcement conclusions (1)

• WHITE'S COAL CITY SERVICEentered 2017-05-18

  Primary law: RCRA

Timeline (2 milestones)

• 2017-05-18Final Order Issued
• 2017-06-28Enforcement Action Data Entered