EPA v. HARLESS PIT STOP, THE GILBERT DISTRIBUTING CO. INC. D/B/A (PIT STOP #2)

Case summary

On December 10, 2020, in coordination with the West Virginia Department of Environmental Protection, EPA's RCRA Section of ECAD issued a Notice of Intent to Prohibit Deliveries ( NIPD ) against The Gilbert Distributing Company, Inc. and Harless Pit Stop Inc., the owners and/or operators of two compartmentalized underground storage tanks at the Pit Stop #2 gas station and convenience store facility located in Oceana, West Virginia. This NIPD is issued to enable EPA to determine whether the facility is in compliance with applicable UST requirements and uphold the integrity of EPA's enforcement program. The NIPD orders respondents to provide compliance documentation related to tank and piping release detection, and spill and overfill prevention equipment. The respondents will have 30 days to provide this information, or all the tanks at the facility may be red-tagged to prevent any new delivery of petroleum products.

Defendants (2)

• THE GILBERT DISTRIBUTING CO. INC. D/B/A PIT STOP#2Named in settlement
• HARLESS PIT STOP, INC.Named in settlement

Facilities (1)

• PIT STOP # 2

  1249 COOK PARKWAY, OCEANA, WV, 24870

  Registry ID: 110070824107

Statutes cited

• RCRA 9006D2E — UST Delivery Prohibition

Enforcement conclusions (1)

• HARLESS PIT STOP, THE GILBERT DISTRIBUTING CO. INC. D/B/A (PIT STOP #2)entered 2020-12-10

  Primary law: RCRA

Timeline (2 milestones)

• 2020-12-10Final Order Issued
• 2021-08-13Enforcement Action Data Entered