EPA v. 3951 ROOSEVELT BLVD REALTY CO. AND LIBERTY TRADEPLUS, INC. (F STREET SUNOCO)

Case summary

On September 19, 2018 the Regional Judicial Officer ratified a combined Complaint and Consent Agreement ( CAFO ) between EPA Region III and 3951 Roosevelt Blvd. Realty Corporation ( 3951 ) and Liberty Tradeplus, Inc. ( LTI')(collectively, Respondents ). 3951 is a Pennsylvania corporation and real estate management company with a business address of 439 S. Governor Prince Blvd., Essington, Pennsylvania, that owns petroleum underground storage tank systems ('USTs ) at a gasoline service station and convenience store facility located 3951 Roosevelt Boulevard, Philadelphia, PA 19124 (the AF-Street Sunoco Facility or the Facility ). LTI a Pennsylvania corporation and gasoline service station/convenience store operator that operates the F-Street Sunoco Facility. The CAFO settles and resolves violations of RCRA Subtitle I and of federally-authorized Pennsylvania Authorized UST Management Program regulations which occurred at the Facility. As a result of September 28, 2017 Facility compliance evaluation inspection, and a subsequent investigation, EPA alleged that the Respondents violated 25 PA Code 245.442(1) tank release detection requirements by failing to comply with the applicable tank release detection Statistical Inventory Reconciliation ( SIR ) report availability requirements of 25 PA Code 245.444(8)(ii)(A), or to otherwise fully comply with the requirements of any of the other available tank release detection methods, with respect to two of the three USTs at the F-Street Sunoco Facility. Respondents were alleged to have been late in obtaining and having required SIR reports available for each of these two Facility USTs during each of 27 separate monthly reporting periods in calendar years 2015, 2016 and 2017, resulting in 1,973 days during which the Respondents were not in compliance with 25 PA Code 245.442(1) requirements.Representatives of both Respondents cooperated fully with EPA during the course of the investigation, have certified that the Facility now is in compliance with all relevant provisions of RCRA Subtitle I and of the federally-authorized Pennsylvania Authorized UST Management Program. The settlement requires that the Respondents pay a $22,080.00 civil penalty for the identified violations.

Defendants (2)

• LIBERTY TRADEPLUS, INC.Named in complaintNamed in settlement
• 3951 ROOSEVELT BLVD REALTY CONamed in complaintNamed in settlement

Facilities (1)

• F STREET SUNOCO

  3951 ROOSEVELT BLVD, PHILADELPHIA, PA, 19124

  Registry ID: 110070107785

Statutes cited

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

Enforcement conclusions (1)

• 3951 ROOSEVELT BLVD REALTY CO. AND LIBERTY TRADEPLUS, INC. (F STREET SUNOCO)entered 2018-09-19

  Primary law: RCRA

  Federal penalty: $22,080

Timeline (4 milestones)

• 2018-09-19Final Order Issued
• 2018-09-19Complaint Filed/Proposed Order
• 2018-09-19Enforcement Action Data Entered
• 2018-09-28Enforcement Action Closed