EPA v. CHATHA, INC. (UNIMART 04075)

Case summary

On August 31, 2021, a Consent Agreement and Final Order entered into by the U.S. Environmental Protection Agency, Region III ( EPA ) and Chatha, Inc. ( 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 January 2017 inspections conducted by or on behalf of the Pennsylvania Department of Environmental Protection at Respondent's Unimart 04077 and Unimart 04075 facilities located at 512 E. Mahoning Street and 565 W. Mahoning Street, respectively, in Punxsutawney, Pennsylvania. The violations involved the failure to conduct annual line leak detector testing, the failure to conduct cathodic protection testing, and the failure to have line leak detectors in connection with underground storage tank ( UST ) systems at the two 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 failure to have and test its line leak detectors increased the risk that a leak would go undetected. Further, Respondent's failure to test its cathodic protection system increased the risk a release may occur due to corrosion, which could cause harm to human health and the environment. According to the CAFO, Respondent is assessed a penalty in the amount of twelve thousand six hundred and twenty dollars ($12,620) for its role as operator in the alleged violations.

Defendants (1)

• CHATHA, INC.Named in complaintNamed in settlement

Facilities (2)

• UNIMART 04077

  512 E. MAHONEY ST, PUNXSUTAWNEY, PA, 15767

  Registry ID: 110070739694

• UNIMART 04075

  565 W. MAHONING ST, PUNXSUTAWNEY, PA, 15767

  Registry ID: 110070739693

Statutes cited

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

Enforcement conclusions (1)

• CHATHA, INC. (UNIMART 04075)entered 2021-08-31

  Primary law: RCRA

  Federal penalty: $12,620

Timeline (3 milestones)

• 2021-08-31Enforcement Action Data Entered
• 2021-08-31Final Order Issued
• 2021-08-31Complaint Filed/Proposed Order