EPA v. NATIONAL RETAIL PROPERTIES TRUST (ASHLAND FOOD MARKET)

Case summary

On January 29, 2020, a Consent Agreement and Final Order entered into by the U.S. Environmental Protection Agency, Region III ( EPA ) and National Retail Properties Trust ( Respondent ) was filed with the Regional Hearing Clerk settling alleged violations of the Resource Conservation and Recovery Act ( RCRA). The alleged violations, discovered as a result of 2017 inspections conducted by or on behalf of the Pennsylvania Department of Environmental Protection and 2018 inspections conducted by EPA at seven (7) UST facilities owned by Respondent across Pennsylvania. The violations include failure to conduct line leak detector testing, secondary piping release detection, investigation of suspected release, cathodic protection testing, line leak detector and tank release detection violations at the facilities. Fundamental goals of RCRA Subtitle I and implementing UST regulations are to prevent releases and limit harm from USTs that release regulated substances. Respondent's failures related to tank and piping detection increased the risk that a leak would go undetected. Respondent's failure to investigate a suspected release increased the risk of harm to human health and the environment should an actual release have taken place. Similarly, Respondent's failure to test its cathodic protection system increased the risk a release may occur due to corrosion, which could also cause harm to human health and the environment. According to the CAFO, Respondent is assessed a penalty in the amount of ninety-one thousand and sixty-one dollars ($91,061) for its role as owner in the alleged violations. EPA has worked closely with the Pennsylvania Department of Environmental Protection throughout the case development process and has notified of this action.

Defendants (1)

• NATIONAL RETAIL PROPERTIES TRUSTNamed in complaintNamed in settlement

Facilities (7)

• UNIMART 04075

  565 W. MAHONING ST, PUNXSUTAWNEY, PA, 15767

  Registry ID: 110070739693

• UNIMART 04077

  512 E. MAHONEY ST, PUNXSUTAWNEY, PA, 15767

  Registry ID: 110070739694

• NELLY TRAVEL PLAZA

  3764 NUANGO ROAD, NUANGOLA, PA, 18707

  Registry ID: 110070666376

• ASHLAND FOOD MART

  305 CENTRE STREET, ASHLAND, PA, 17921

  Registry ID: 110070666306

• UNIMART 4345

  3197 ROUTE 115, EFFORT, PA, 18330

  Registry ID: 110070692735

• FUEL UP DANVILLE

  600 EAST MARKET STREET, DANVILLE, PA, 17821

  Registry ID: 110070226254

• FUEL ON 1

  360 MAIN STREET, LUZERNE, PA, 18709

  Registry ID: 110070226268

Statutes cited

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

Enforcement conclusions (1)

• NATIONAL RETAIL PROPERTIES TRUST (ASHLAND FOOD MARKET)entered 2020-01-29

  Primary law: RCRA

  Federal penalty: $91,061

Timeline (3 milestones)

• 2020-01-29Complaint Filed/Proposed Order
• 2020-01-29Final Order Issued
• 2020-04-09Enforcement Action Data Entered