EPA v. FOWLER OIL CO. D/B/A/ UPTOWN SHELL (UPTOWN SHELL)

Case summary

On September 27, 2023, EPA Region III filed a Consent Agreement and Final Order, simultaneously commencing and concluding an administrative enforcement action against Fowler Oil, Co. d/b/a Uptown Shell. (Respondent), the owner/operator of the facility located at 1223 Main Street Honesdale, PA (the Facility), for alleged violations of RCRA Subtitle I, and the Commonwealth of Pennsylvania'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 Pennsylvania underground storage tank program. The violations addressed by the settlement include failure to conduct annual line leak detector testing and failure to conduct annual line tightness testing or monthly monitoring of the pressurized piping. Respondent is currently in compliance with the requirements and has agreed to pay a penalty of $40,590 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 Pennsylvania of this enforcement action and received no objection.

Defendants (1)

• FOWLER OIL CO. D/B/A/ UPTOWN SHELLNamed in complaintNamed in settlement

Facilities (1)

• UPTOWN SHELL

  1223 MAIN STREET, HONESDALE, PA, 18431

  Registry ID: 110071091076

Statutes cited

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

Enforcement conclusions (1)

• FOWLER OIL CO. D/B/A/ UPTOWN SHELL (UPTOWN SHELL)entered 2023-09-27

  Primary law: RCRA

  Federal penalty: $40,590

Timeline (4 milestones)

• 2023-09-27Enforcement Action Data Entered
• 2023-09-27Complaint Filed/Proposed Order
• 2023-09-27Final Order Issued
• 2023-10-26Enforcement Action Closed