EPA v. WAHLA BROTHERS SARGODHA INC. (KENILWORTH AVE BP)

Case summary

On September 29, 2020, Region III entered into a Consent Agreement with, and issued a Final Order to 1535 Kenilworth Ave LLC. ( Kenilworth ) settling alleged violations of RCRA Subtitle I that EPA alleged in the Amended Complaint Filed on December 19, 2019 at the facility it operates in Washington, D.C. ( Facility ). The settlement will ensure that the underground storage tanks (USTs) at the Facility are properly managed and monitored regularly for leaks and that the Facility is in compliance with the Resource Conservation and Recovery Act (RCRA) and the federally-authorized D.C. Underground Storage Tank Regulations at the Facility. Region III entered into a Consent Agreement with, and issued a Final Order to Wahla Brothers Sargodha, Inc. (?Wahla?) settling alleged violations of RCRA Subtitle I that EPA alleged in the Amended Complaint Filed on December 19, 2019 at the facility it owns in Washington, D.C. (?Facility?). The settlement will ensure that the underground storage tanks (USTs) at the Facility are properly managed and monitored regularly for leaks and that the Facility is in compliance with the Resource Conservation and Recovery Act (RCRA) and the federally-authorized D.C. Underground Storage Tank Regulations at the Facility. EPA alleged in the Amended Complaint that during the inspection of the Facility, and through subsequent communications, the EPA observed that the Facility (1) Failed to provide an adequate release detection method on an UST; (2) failed to conduct tank release detection every 30 days on USTs; (3) failed to perform automatic line leak detector testing annually on USTs; and (4) failed to test the cathodic protection system for an UST every three years. Wahla has agreed to pay a penalty of $5,000 to settle the enforcement action. EPA informed the District?s Department of Energy and the Environment (?DOEE?) of this enforcement action and received no objection. EPA alleged in the Amended Complaint that during the inspection of the Facility, and through subsequent communications, the EPA observed that the Facility (1) Failed to provide an adequate release detection method on an UST; (2) failed to conduct tank release detection every 30 days on USTs; (3) failed to perform automatic line leak detector testing annually on USTs; and (4) failed to test the cathodic protection system for an UST every three years. Kenilworth has agreed to pay a penalty of $1,000 to settle the enforcement action. EPA informed the District?s Department of Energy and the Environment (?DOEE?) of this enforcement action and received no objection. On September 18, 2020, Region III entered into a Consent Agreement with, and issued a Final Order to Wahla Brothers Sargodha, Inc. ( Wahla ) settling alleged violations of RCRA Subtitle I that EPA alleged in the Amended Complaint Filed on December 19, 2019 at the facility it owns in Washington, D.C. ( Facility ). The settlement will ensure that the underground storage tanks (USTs) at the Facility are properly managed and monitored regularly for leaks and that the Facility is in compliance with the Resource Conservation and Recovery Act (RCRA) and the federally-authorized D.C. Underground Storage Tank Regulations at the Facility. EPA alleged in the Amended Complaint that during the inspection of the Facility, and through subsequent communications, the EPA observed that the Facility (1) Failed to provide an adequate release detection method on an UST; (2) failed to conduct tank release detection every 30 days on USTs; (3) failed to perform automatic line leak detector testing annually on USTs; and (4) failed to test the cathodic protection system for an UST every three years. Wahla has agreed to pay a penalty of $5,000 to settle the enforcement action. EPA informed the District's Department of Energy and the Environment ( DOEE ) of this enforcement action and received no objection.

Defendants (2)

• 1535 KENILWORTH AVE, LLCNamed in complaintNamed in settlement
• WAHLA BROTHERS SARGODHA INCNamed in complaintNamed in settlement

Facilities (1)

• KENILWORTH AVE BP

  1535 KENILWORTH AVE NE, WASHINGTON, DC, 20019

  Registry ID: 110070107331

Statutes cited

• RCRA 9006A — Underground Storage Tanks Compliance Order

Enforcement conclusions (2)

• WAHLA BROTHERS SARGODHA INC. [1535 KENILWORTH AVE, LLC] KENILWORTH AVE BP)entered 2020-09-29

  Primary law: RCRA

  Federal penalty: $1,000

• WAHLA BROTHERS SARGODHA INC. (KENILWORTH AVE BP)entered 2020-09-18

  Primary law: RCRA

  Federal penalty: $5,000

Timeline (5 milestones)

• 2019-09-24Complaint Filed/Proposed Order
• 2019-09-27Enforcement Action Data Entered
• 2019-12-13Amended Complaint
• 2020-09-29Final Order Issued
• 2021-02-01Enforcement Action Closed