EPA v. R. M. ROACH & SONS, INC. (SOUTH END ROCS 622 AND MOUNTAINEER MART ROCS 634

Case summary

On November 3, 2023, Region 3 filed a Consent Agreement and Final Order, simultaneously commencing and concluding an administrative enforcement action, against R.M. Roach & Sons, Inc. for RCRA I and West Virginia federally authorized underground storage tank program violations at the UST facilities located at 39 Kelly Island Road, Martinsburg, WV 25401 ( Mountaineer ) and at 1004 Winchester Avenue, Martinsburg, WV 25401 ( South End ) (collectively, the Facilities). The Facilities are gas stations with convenience stores. At Mountaineer there are three USTs and at South End there are two USTs. The violations alleged at Mountaineer include failure to report a suspected release for one UST to West Virginia within 24 hours, or another reasonable period specified by the State and failure to immediately investigate and confirm a suspected release within seven days, or another reasonable time period specified by the State. The violation alleged at South End includes failure to use adequate spill prevention equipment for two USTs. Violations such as these can potentially lead to petroleum product leaks which can be harmful to both human health and the environment. The settlement required the Facilities to certify that it is now in compliance with applicable UST requirements and to pay a $10,499.00 penalty in accordance. The Facilities are located in an area of potential EJ concern. EPA notified the West Virginia Department of Environmental Protection in advance of this action, and the Department had no objections.

Defendants (1)

• R. M. ROACH & SONS, INC.Named in complaintNamed in settlement

Facilities (2)

• MOUNTAINEER MART ROCS 634

  39 KELLY ISLAND ROAD, MARTINSBURG, WV, 25401

  Registry ID: 110070646553

• SOUTH END ROCS 622

  1004 WINCHESTER AVENUE, MARTINSBURG, WV, 25401

  Registry ID: 110070638370

Statutes cited

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

Enforcement conclusions (1)

• R. M. ROACH & SONS, INC. (SOUTH END ROCS 622 AND MOUNTAINEER MART ROCS 634entered 2023-11-03

  Primary law: RCRA

  Federal penalty: $10,499

Timeline (4 milestones)

• 2023-11-03Final Order Issued
• 2023-11-03Complaint Filed/Proposed Order
• 2023-11-09Enforcement Action Data Entered
• 2023-11-15Enforcement Action Closed