EPA v. WINCHESTER 101, LLC D/B/A (RT 50 GAS MART)

Case summary

On September 19, 2023, EPA Region III filed a Consent Agreement and Final Order, simultaneously commencing and concluding an administrative enforcement action against Winchester 101, LLC (Respondent), the owner/operator of the facility located at 4870 Northwestern Pike, Winchester, VA (the Facility), for alleged violations of RCRA Subtitle I, and the Commonwealth of Virginia?s federally authorized underground storage tank program. 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 RCRA and the federally authorized Commonwealth of Virginia underground storage tank program. The violations addressed by the settlement include failure to ensure that the cathodic protections system was tested every three years and failure to maintain the corrosion protection system continuously. Respondent is currently in compliance with the requirements and has agreed to pay a penalty of $29,000 to settle the enforcement action for past violations. The Facility is not in an area of potential Environmental Justice concern. EPA informed the Commonwealth of Virginia of this enforcement action and received no objection.

Defendants (1)

• WINCHESTER 101, LLC D/B/A RT 50 GAS MARTNamed in complaintNamed in settlement

Facilities (1)

• RT 50 GAS MART

  4780 NORTHWESTERN PIKE, WINCHESTER, VA, 22603

  Registry ID: 110070600879

Statutes cited

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

Enforcement conclusions (1)

• WINCHESTER 101, LLC D/B/A (RT 50 GAS MART)entered 2023-09-19

  Primary law: RCRA

  Federal penalty: $29,000

Timeline (4 milestones)

• 2023-09-19Complaint Filed/Proposed Order
• 2023-09-19Final Order Issued
• 2023-09-22Enforcement Action Data Entered
• 2023-10-19Enforcement Action Closed