EPA v. GILBERT DISTRIBUTING CO., INC. (PIT STOP #1)

Case summary

On March 2, Region III entered into a Consent Agreement with, and issued a Final Order to, Gilbert Distributing Company, Inc., settling violations of RCRA Subtitle I that EPA alleged in a Notice of Potential Violations and Opportunity to Confer Letter that was sent to the respondent on January 26, 2021, for the facility it operates in Gilbert, West Virginia. The facility, Pit Stop #1, maintains three USTs with a total capacity of 16,000 gallons used for holding petroleum products. Alleged violations include a failure to conduct tank release detection on all the USTs from November 2016 until March 2020. The NOPVOC and subsequent CAFO were in response to an inspection that was conducted by RCRA?s ESS on March 3, 2020. Respondent has agreed to pay a reduced penalty of $7,500, due to an inability to pay the full amount proposed, and has since returned to compliance with the alleged violations. EPA worked closely with WVDEP to bring a resolution to this case. This facility is considered to be in an area of potential EJ concern.

Defendants (1)

• GILBERT DISTRIBUTING CO., INC.Named in complaintNamed in settlement

Facilities (1)

• PIT STOP #1

  190 W. MAIN ST, GILBERT, WV, 25621

  Registry ID: 110070703642

Statutes cited

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

Enforcement conclusions (1)

• GILBERT DISTRIBUTING CO., INC. (PIT STOP #1)entered 2022-03-02

  Primary law: RCRA

  Federal penalty: $7,500

Timeline (4 milestones)

• 2022-03-02Final Order Issued
• 2022-03-02Complaint Filed/Proposed Order
• 2022-03-15Enforcement Action Data Entered
• 2022-09-14Enforcement Action Closed