EPA v. DILBAG KHERA - AM FOOD AND GAS

Case summary

6/1/2009 - COMPLAINT FILED PROPOSING A PENALTY OF $15,544. COMPLAINT ALLEGES: COUNT 1: RESPONDENT FAILED TO COMPLY WITH UST RELEASE DETECTION REQUIREMENTS FOR TANKS AT ITS FACILITY. THESE ACTS OF OMISIONS CONSITUTE A VIOLATION OF SECTION 9030 OF RCRA. COUNT 2: RESPONDENT FAILED TO COMPLY WITH THE RELEASE DETECTION REQUIREMENTS FOR UNDERGROUND PIPING AT ITS FACILITY. THESE ACTS OF OMISSIONS CONSTITUTE A VIOLATION OF SECTION 9003 OF RCRA. COUNT 3: RESPONDENT FAILED TO COMPLY WITH THE UST OVERFILL PREVENTION REQUIREMENTS AT THE FACILITY. THESE ACTS OF OMISSIONS CONSTITUTE VILATION OF SECTION 9003 OF RCRA. COUNT 4: RESPONDENT FAILED TO COMPLY WITH UST RECORDKEEPING REQUIREMENTS AT ITS FACILITY. THESE ACTS OR OMISSIONS CONSTITUTE VIOLATIONS OF SECTION 9003 OF RCRA. COUNT 5: RESPONDENT FAILED TO COMPLY WITH THE REQUIREMENT TO PROVIDE INFORMATION WHEN REQUESTED BY EPA. THESE ACTS OR OMISSIONS CONSTITUTE VIOLATIONS OF SECTION 9005 OF RCRA. 12/17/09 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $9,500, DIVIDED INTO 4 INSTALLMENT PAYMENTS, INCLUDING INTEREST. ONE PAYMENT OF $2,401.68 MUST BE RECEIVED BY EACH OF THE FOLLOWING DATES: JANUARY 30, 2010; APRIL 30, 2010; JULY 30, 2010; AND OCT 30, 2010.

Defendants (2)

• DIBAG KHERANamed in complaintNamed in settlement
• AM FOOD AND GASNamed in complaintNamed in settlement

Facilities (1)

• AM FOOD AND GAS

  11670 JONES BRIDGE RD., ALPHARETTA, GA, 30005

  Registry ID: 110024530444

Statutes cited

• RCRA 9005 — Inspections, Monitoring, Testing, Corrective Actions
• RCRA 9003[C][3]-[4] — UST Release Detection, Prevention, Correction

Enforcement conclusions (1)

• DILBAG KHERA - AM FOOD AND GASentered 2009-12-17

  Primary law: RCRA

  Federal penalty: $9,500

Timeline (4 milestones)

• 2009-06-01Complaint Filed/Proposed Order
• 2009-06-03Enforcement Action Data Entered
• 2009-12-17Final Order Issued
• 2009-12-17Enforcement Action Closed