EPA v. AMPAK, LLC (HURLOCK EXXON A/K/A NASR'S EXXON)

Case summary

On September 25, 2018 the Regional Judicial Officer ratified a combined Complaint and Consent Agreement ( CAFO ) between EPA Region III and Respondent Ampak, LLC ( Ampak ). The CAFO settles and resolves violations of RCRA Subtitle I and of federally-authorized Maryland UST Management Program regulations which occurred at the Hurlock Exxon station (a/k/a NASR'Ss Exxon), a gasoline station and convenience store located at 104 Pine Street, in Hurlock, Maryland (the Facility ). Ampak is a Maryland limited liability company and is the owner and operator of four petroleum underground storage tank systems ( USTs ) at the Facility. As a result of a May 12, 2017 Facility compliance evaluation inspection, and a subsequent investigation, EPA alleged that Ampak: (i) failed to perform required annual Line Leak Detector ( LLD ) functionality testing on the four mechanical LLDs associated with the underground piping of the four Facility USTs during each of two annual time periods, in violation of federally-authorized Code of Maryland Regulation ( COMAR ) 26.10.05.01 and 26.10.05.02.C.; and (ii) failed to conduct required annual Line Tightness testing, or monthly monitoring, of the underground pressurized piping associated with each of the four Facility USTs, during each of the same two annual time periods, in violation of COMAR 26.10.05.02(C)(2)(b). Ampak representatives 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 Maryland UST Management Program. Ampak also adequately demonstrated to EPA that it is unable to pay the full extent of the civil penalty amount proposed by EPA for the violations alleged. On inability-to-pay grounds, the settlement requires Ampak to pay a $10,000.00 civil penalty, in monthly installments, over a 24-month time period for the identified violations.

Defendants (1)

• AMPAK, LLCNamed in complaintNamed in settlement

Facilities (1)

• HURLOCK EXXON A/K/A NASR'S EXXON

  104 PINE STREET, HURLOCK, MD, 21643

  Registry ID: 110070071780

Statutes cited

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

Enforcement conclusions (1)

• AMPAK, LLC (HURLOCK EXXON A/K/A NASR'S EXXON)entered 2018-09-26

  Primary law: RCRA

  Federal penalty: $10,000

Timeline (3 milestones)

• 2018-09-26Complaint Filed/Proposed Order
• 2018-09-26Final Order Issued
• 2018-09-26Enforcement Action Data Entered