EPA v. PATEL, KANCHANLAL

Case summary

3/29/10 - ADMINISTRATIVE COMPLAINT AND COMPLIANCE ORDER FILED, PROPOSING A PENALTY OF $37,500. FINDINGS OF FACT AND CONCLUSIONS OF LAW: RESPONDENT ENTERED INTO A CONSENT AGMT (DOCKET NO. RCRA-UST-2008-01) WITH EPA TO RESOLVE ALLEGED VIOLATIONS OF RCRA SEC 9006. RESPONDENT'S ALLEGED VIOLATIONS RELATED TO HIS OPERATION OF A UST SYSTEM LOCATED AT 1420 U.S. HWY 19 S., LEESBURG, GA. RESPONDENT WAS REQUIRED TO SUBMIT TO EPA WITH 20 CALENDAR DAYS, A CERTIFICATION SIGNED BY RESPONDENT CERTIFYING COMPLIANCE WITH CERTAIN SPECIFIED REQUIREMENTS OF 40 CFR PART 280. RESPONDENT WAS REQUIRED TO SUBMIT A SIGNED CERTIFICATION TO EPA CERTIFYING COMPLIANCE WITH CERTAIN SPECIFIED REQUIREMENTS OF 40 CFR PART 280 BY JANUARY 2, 2009. ON DEC 19, 2008, EPA RECEIVED AN E-MAIL COMMUNICATION FROM RESPONDENT'S REPRESENTATIVE REQUESTING AN EXTENSION. EPA AND RESPONDENT AGREED TO EXTEND THE DATE TO JAN 19, 2009. RESPONDENT FAILED TO CERTIFY COMPLIANCE ON OR BEFORE JAN 19, 2009. ON JAN 29, 2009, EPA CONTACTED RESPONDENT'S REPRESENTATIVE TO INQUIRE INTO RESPONDENT'S COMPLIANCE STATUS WITH THE CAFO. ON JAN 29, 2009, EPA WAS INFORMED THAT THE REPRESENTATIVE WAS UNAWARE OF RESPONDENT'S COMPLIANCE STATUS. ON APRIL 14, 2009, EPA CONTACTED THE REPRESENTATIVE REGARDING RESPONDENT'S FAILURE TO COMPLAY WITH THE TERMS OF THE CAFO. ON APRIL 14, 2009, THE REPRESENTATIVE INFORMED EPA THAT SHE IN UNAWARE OF RESPONDENT'S COMPLIANCE STATUS AND PROVIDE EPA WITH RESPONDENT'S CONTACT INFO SO THAT EPA COULD CONTACT RESPONDENT DIRECTLY. ON APR 14, 2009, EPA ATTEMPTED TO CONTACT RESPONDENT AND LEFT A MESSAGE. ON JUNE 16, 2009, EPA MAILED RESPONDENT A NONCOMPLIANCE NOTICE LETTER NOTIFYING HIM OF HIS NONCOMPLIANCE WITH THE TERMS OF THE CAFO. RESPONDENT RECEIVED THE LETTER ON JUNE 16, 2009. ON OCT 27, 2009, EPA CONDUCTED A UST COMPLIANCE INSPECTION OF THE FACILITY AND DETERMINED THAT THE UST SYSTEM WAS BEING OPERATED BY A NEW OPERATOR. TO DATE, RESPONDENT HAS FAILED TO COMPLY WITH THE TERMS OF THE CAFO. COUNT 1: PURSUANT TO THE CAFO, RESPONDENT WAS REQUIRED TO CERTIFY TO EPA COMPLIANCE WITH CERTAIN SPECIFIED REQUIREMENTS OF 40 CFR PART 280 BY JAN 2, 2009. PURSUANT TO AN AGREEMENT BETWEEN EPA AND RESPONDENT, THE DATE OF CERTIFICATION TO EPA REQUIRED BY THE CAFO WAS EXTENDED TO JAN 19, 2009. RESPONDENT FAILED TO CERTIFY COMPLIANCE TO EPA BY JAN 19, 2009. RESPONDENT VIOLATED THE TERMS OF THE CAFO. COMPLIANCE ORDER: RESPONDENT NO LONGER OPERATES THE SUBJECT FACILITY, AND THEREFORE, IS UNABLE TO CERTIFY THE COMPLIANCE STATUS OF THE UST SYSTEM AT ISSUE. AS SUCH, COMPLIANCE WITH THIS ORDER SHALL BE DEEMED SATISFIED UPON RESPONDENT'S FULL PAYMENT OF THE PENALTY.

Defendants (1)

• PATEL, KANCHANLALNamed in complaint

Facilities (1)

• SUPER MART

  1420 US 19 S, LEESBURG, GA, 31763

  Registry ID: 110013453912

Statutes cited

• RCRA 9006D — UST Civil Penalties

Timeline (3 milestones)

• 2010-03-29Complaint Filed/Proposed Order
• 2010-03-29Enforcement Action Data Entered
• 2013-03-18Enforcement Action Closed