EPA v. SILKY ASSOCIATES, LLC (LUCKY MART)

Case summary

On July 6, 2021, the EAB issued an order affirming the default order and initial decision (collectively, default order ) issued by the Regional Judicial Officer (RJO) in February 2021 against Silky Associates, LLC (Respondent) for failing to file an answer to the Region's administrative complaint. EPA alleged five violations of the Underground Storage Tank (UST) program of RCRA Subtitle I, and Virginia's federally authorized UST regulations. Respondent was assessed a $186,095 penalty. On March 10, 2021, Respondent, appearing pro se, filed a hand-written document with the EAB, which the EAB construed as an appeal. The Board subsequently issued an order exercising sua sponte review on March 23, 2021. After Region 3 filed a reply brief and Respondent filed additional papers, the EAB stayed the proceedings for 45 days to provide the parties the opportunity to pursue amicable resolution of this matter. During the stay, Region 3 submitted a status report to the EAB stating that the parties could not agree on a settlement amount and that the Region had terminated negotiations with Respondent. On July 6, 2021, the EAB determined that Respondent?s appeal failed, vacated its sua sponte order and affirmed the default order, including $186,095 penalty assessment.

Defendants (2)

• LAKHMIR BAGGANamed in complaintNamed in settlement
• SILKY ASSOCIATES, LLCNamed in complaintNamed in settlement

Facilities (1)

• LUCKY MART

  200 E WILLIAMSBURG RD, SANDSTON, VA, 23150

  Registry ID: 110040068093

Statutes cited

• RCRA 9003[C][3]-[4] — UST Release Detection, Prevention, Correction

Enforcement conclusions (1)

• SILKY ASSOCIATES, LLC (LUCKY MART)entered 2021-07-06

  Primary law: RCRA

  Federal penalty: $186,095

Timeline (3 milestones)

• 2018-07-24Complaint Filed/Proposed Order
• 2018-07-25Enforcement Action Data Entered
• 2021-07-06Final Order Issued