EPA v. J. H. DUNCAN OIL, INC.

Case summary

3/24/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $17,639. RESPONDENT SHALL MAKE SEVEN PAYMENTS OF $1,480.74 AND AN EIGHTH PAYMENT OF $7,480.74. THE FIRST PAYMENT IS DUE BY MAY 1, 2011. THE LAST PAYMENT IS DUE BY FEBRUARY 1, 2013. ORDER ALLEGES: ON SEPTEMBER 24, 2009, EPA CONDUCTED A COMPLIANCE INSPECTION (CI) AT RESPONDENT'S THREE PETROLEUM UST SYSTEMS LOCATED IN NORTH CAROLINA. FACILITY #1 IS A BULK FUELING STATION CONSISTING OF TWO STEEL GASOLINE UST's AND ONE STEEL DIESEL UST. FACILITY #2 IS A BULK FUELING STATION CONSISTING OF ONE STEEL KEROSENE UST AND ONE STEEL GASLINE UST. FACILITY #3 IS A GASOLINE SERVICE STATION CONSISTING OF ONE STEEL OFF-ROAD DIESEL UST, ONE STEEL DIESEL, UST, AND TWO STEEL GASOLINE USTs. EPA ALLEGES THAT AT THE TIME OF THE CI, RESPONDENT HAD FAILED TO INSTALL OVERFILL PREVENTION EQUIPMENT ON THE DIESEL UST AT FACILITY #1 AND THE OFF-ROAD DIESEL UST AT FACILITY #3. EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 9003 OF RCRA, 42 U.S.C. SECTION 6991b; 40 C.F.R. SECTIONS 280.20(c), 280.21(d). AT THE TIME OF THE CI, RESPONDENT HAD FAILED TO INSPECT THE CP SYSTEM EVERY THREE YEARS FOR THE GASOLINE USTs AT FACILITY #1 AND ALL THE USTs AT FACILITIES #2 AND #3. EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 9003 OF RCRA, 42 U.S.C. SECTION 6991b; 40 C.F.R. SECTION 280.31(b). AT THE TIME OF THE CI, RESPONDENT HAD FAILED TO INSPECT THE IMPRESSED CURRENT CP SYSTEM EVERY 60 DAYS FOR ALL THE USTs AT FACILITIES #2 AND #3. EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 9003 OF RCRA, 42 U.S.C. SECTION 6991b; 40 C.F.R. SECTION 280.31(c). ON OCTOBER 6, 2009, RESPONDENT CONDUCTED A CP TEST ON THE CP SYSTEM FOR THE GASOLINE USTs AT FACILITY #1. THE TEST FAILED BECAUSE THE DIESEL UST AT FACILITY #1 WAS POTENTIALLY BEING DAMAGED BY IMPROPER OPERATION OF THE CP SYSTEM DUE TO STRAY ELECTRIC CURRENTS. EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 9003 OF RCRA, U.S.C. SECTION 6991b; 40 C.F.R. SECTION 280.20(a)(2)(iv). ORDER REQUIRES: WITHIN THIRTY (30) CALENDAR DAYS OF RECEIPT OF THE EXECUTED COPY OF THIS CAFO, RESPONDENT SHALL SUBMIT A CERTIFICATION SIGNED BY AN AUTHORIZED REPRESENTATIVE STATING THAT FACILITIES #1, #2, AND #3 ARE IN COMPLIANCE WITH RCRA. THIS CERTIFICATION SHALL BE SUBMITTED TO EPA AND NORTH CAROLINA. IN ADDITION, WITHIN THIRTY (30) CALENDAR DAYS OF RECEIPT OF THE EXECUTED COPY OF THIS CAFO, RESPONDENT MUST STATE THE THE STEPS TAKEN TO CORRECT THE IMPROPER OPERATION OF THE CP SYSTEM, AND PROVIDE DOCUMENTATION OF THE CP SYSTEM RECERTIFICATION BY A QUALIFIED CORROSION ENGINEER.

Defendants (1)

• J. H. DUNCAN OIL, INC.Named in complaintNamed in settlement

Facilities (3)

• FRANKLIN BULK PLANT

  543 EAST MAIN STREET, FRANKLIN, NC, 28734

  Registry ID: 110018792001

• HIGHLANDS BULK PLANT

  555 NORTH 4TH STREET, HIGHLANDS, NC, 28741

  Registry ID: 110018626897

• HIGHLANDS CONVENIENCE 64-STP

  555 N 4TH STREET E., HIGHLANDS, NC, 28741

  Registry ID: 110018626897

Statutes cited

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

Enforcement conclusions (1)

• J. H. DUNCAN OIL, INC.entered 2011-03-24

  Primary law: RCRA

  Federal penalty: $17,639

Timeline (4 milestones)

• 2011-03-24Complaint Filed/Proposed Order
• 2011-03-24Final Order Issued
• 2011-04-05Enforcement Action Data Entered
• 2013-03-01Enforcement Action Closed