EPA v. FREDERICK NORTHUP, INC. (KERMIT THOMAS STORE)

Case summary

On September 21, 2023, EPA Region III filed a Consent Agreement and Final Order, simultaneously commencing and concluding an administrative enforcement action against Frederick Northup, Inc. (Respondent), the owner/operator of the facility located at 8249 History Land Hwy, Warsaw, 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; failure to test overfill functionality; failure to have adequate overfill prevention equipment; and failure to test spill prevention equipment. Respondent is currently in compliance with the requirements and has agreed to pay a penalty of $30,180 to settle the enforcement action for past violations. The Facility is in an area of potential Environmental Justice concern. EPA informed the Commonwealth of Virginia of this enforcement action and received no objection.

Defendants (1)

• FREDERICK NORTHUP, INC.Named in complaintNamed in settlement

Facilities (1)

• KERMIT THOMAS STORE

  8249 HISTORYLAND HWY, WARSAW, VA, 22572

  Registry ID: 110071293251

Statutes cited

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

Enforcement conclusions (1)

• FREDERICK NORTHUP, INC. (KERMIT THOMAS STORE)entered 2023-09-21

  Primary law: RCRA

  Federal penalty: $30,180

Timeline (4 milestones)

• 2023-09-21Complaint Filed/Proposed Order
• 2023-09-21Final Order Issued
• 2023-09-26Enforcement Action Closed
• 2023-09-27Enforcement Action Data Entered