EPA v. GENE'S ORANGE MARKET, LLC (GENE'S ORANGE MARKET)

Case summary

On September 26, 2023, EPA Region III filed a Consent Agreement and Final Order, simultaneously commencing and concluding an administrative enforcement action against Gene's Orange Market, LLC (Respondent), the owner/operator of the facility located at 2037 Philpott Road, South Boston, 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 test the automatic tank gauging system annually; failure to perform monthly walkthrough inspections; failure to test overfill functionality; failure to have adequate overfill prevention equipment; failure to inspect the cathodic protection system; failure to maintain documentation of operator training; and failure to test spill prevention equipment. Respondent is currently in compliance with the requirements and has agreed to pay a penalty of $59,790 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)

• GENE'S ORANGE MARKET, LLCNamed in complaintNamed in settlement

Facilities (1)

• GENE'S ORANGE MARKET

  2037 PHILPOTT ROAD, SOUTH BOSTON, VA, 24592

  Registry ID: 110071316531

Statutes cited

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

Enforcement conclusions (1)

• GENE'S ORANGE MARKET, LLC (GENE'S ORANGE MARKET)entered 2023-09-26

  Primary law: RCRA

  Federal penalty: $59,790

Timeline (4 milestones)

• 2023-09-26Final Order Issued
• 2023-09-26Complaint Filed/Proposed Order
• 2023-09-26Enforcement Action Data Entered
• 2023-11-13Enforcement Action Closed