EPA v. WHEELER & WHEELER, INC (WEST END MOTORS)

Case summary

On December 15, 2022, the Regional Judicial Officer entered a Final Order ratifying a Consent Agreement between EPA and Wheeler and Wheeler, Inc., a Virginia corporation doing business as West Wend Motors ( Respondent ), in connection with its underground storage tanks at Respondent's facility located at 12842 Berlin Pike, Lovettsville, Virginia (the Facility ). This Consent Agreement and Final Order resolves violations of RCRA Subtitle I, and the Commonwealth of Virginia's federally authorized underground storage tank UST ) program by Respondent. Specifically, Respondent failed to test the cathodic protection system of the USTs as required every three years, failed to annually test the line leak detectors and perform annual line testing of the USTs systems, and Respondent failed to annually carry a method of financial assurance for the operation of the UST systems at the Facility. EPA's technical regulations for UST systems are designed to reduce the chance of releases from USTs, detect leaks and spills when they do occur, and secure a prompt cleanup in the event of a release. EPA has coordinated with the Virginia Department of Environmental Quality throughout the enforcement process. The EJSCREEN assessment indicates that the Facility is NOT located in an area of potential EJ concern. This Consent Agreement and Final Order initiates and concludes this penalty action. Under the terms of the settlement, Respondent will pay a civil penalty in the amount of $60,000.00.

Defendants (1)

• WHEELER & WHEELER, INC.Named in complaintNamed in settlement

Facilities (1)

• WEST END MOTORS

  12842 S BERLIN PIKE, LOVETTSVILLE, VA, 20180

  Registry ID: 110070616238

Statutes cited

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

Enforcement conclusions (1)

• WHEELER & WHEELER, INC (WEST END MOTORS)entered 2022-12-15

  Primary law: RCRA

  Federal penalty: $60,000

Timeline (4 milestones)

• 2022-12-15Complaint Filed/Proposed Order
• 2022-12-15Final Order Issued
• 2022-12-16Enforcement Action Data Entered
• 2024-12-13Enforcement Action Closed