EPA v. U SAVE FOOD STORE, INC. (U SAVE #4)

Case summary

On December 13, 2021 EPA Region III filed a Consent Agreement and Final Order, simultaneously commencing and concluding an administrative action proceeding against U-SAVE Food Store, Inc. ( U-SAVE ) located at 196 Middletown Road, Richwood, WV 26261, the owner/operator of U-SAVE #4 and U-SAVE #5, retail fuel service stations located in Craigsville, WV and Mt. Nebo, WV, respectively ( the Facilities ) for alleged violations of the Resource Conservation and Recovery Act ( RCRA ) Subtitle I and the State of West Virginia's federally authorized underground storage tank program discovered after an EPA inspection of the Facilities on March 4, 2020. 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 West Virginia. Underground Storage Tank Regulations at the Facilities. The violations in the settlement include failure to conduct tank release detection, failure to conduct annual line tightness testing, and failure to provide tank release detection. U-SAVE has agreed to pay a penalty of $33,000 to settle the enforcement action. EPA informed the West Virginia Department of Environmental Protection of this enforcement action and received no objection.

Defendants (1)

• U SAVE FOOD STORE, INC.Named in complaintNamed in settlement

Facilities (2)

• U SAVE NO. #5

  ROUTE 19 & 129 JUNCTION, MT NEBO, WV, 26679

  Registry ID: 110070703641

• U SAVE NO. #4

  181 MAIN STREET, CRAIGSVILLE, WV, 26205

  Registry ID: 110070703640

Statutes cited

• RCRA 9005 — Inspections, Monitoring, Testing, Corrective Actions
• RCRA 9003 — UST Release Detection, Prevention, Correction Regulations

Enforcement conclusions (1)

• U SAVE FOOD STORE, INC. (U SAVE #4)entered 2021-12-13

  Primary law: RCRA

  Federal penalty: $33,000

Timeline (4 milestones)

• 2021-12-13Final Order Issued
• 2021-12-13Complaint Filed/Proposed Order
• 2021-12-16Enforcement Action Closed
• 2021-12-21Enforcement Action Data Entered