EPA v. LANCE OIL CO., INC.

Case summary

7/17/13 - REMOVAL ADMIN ORDER UNDER CWA 311(c) ISSUED. THIS ORDER REQUIRES REMOVAL ACTIONS IN CONNECTION WITH A FACILITY LOCATED AT 1539 PIEDMONT AVE, ATLANTA, GA. THIS ORDER REQUIRES LANCE OIL CO., INC. TO IMMEDIATELY CONDUCT REMOVAL OF A DISCHARGE OR TO MITIGATE OR PREVENT A SUBSTANTIAL THREAT OF A DISCHARGE OF OIL. THE FACILITY CURRENTLY OPERATES AS A CONVENIENCE STORE AND GASOLINE FUELING STATION. ON SAT, APR 17, 2010, THE FULTON COUNTY FIRE DEPT WAS NOTIFIED OF A PETROLEUM SHEEN ON CLEAR CREEK, A SURFACE WATER BODY LOCATED APPROX 155 FEET WEST/SOUTHWEST OF THE FACILITY. ON APR 17, 2010, RESPONDENT MOBILIZED EAGLE-SWS, ITS EMERGENCY RESPONSE CONTRACTOR TO THE SITE. FREE PHASE PETROLEUM PRODUCT WAS OBSERVED SEEPING FROM THE CREEK BANK AND INTO THE CREEK ITSELF, CREATING A PETROLEUM SHEEN ON THE CREEK. RESPONDENT'S GAUGE (ATG) RECORDS INDICATED A LEAK RATE ABOVE THE ALLOWABLE LIMIT IN DATA COLLECTED FORM UST #4 A 4,000 GAL REGULAR GRADE GAS UST. RESONDENT IMMEDIATELY DISCONTINUED USE OF UST #4, AND IT WAS DISCONNECTED FROM THE FUELING SYSTEM AND EMPTIED OF ITS CONTENTS. RESPONDENT CONDUCTED A PRESSURIZED TANK TIGHTNESS TEST ON APR 19, 2010. THE RESULTS REVEALED THAT A SIGNIFICANT LEAK WAS PRESENT IN THE UST. BASED ON THE FAILED TANK TIGHTNESS TEST AND THE PRESENCE OF FREE PHASE PETROLEUM PRODUCT WITHIN AN ADJACENT SURFACE WASTER BODY, A CONFIRMED RELEASE WAS REPORTED TO THE UNDERGROUND STORAGE TANK MANAGEMENT PROGRAM (USTMP) ON APR 19, 2010. EAGLE-SWS CONDUCTED EMERGENCY RESPONSE ACTIVITIES, PLACING ABSORBENT BOOM AND OTHER MATERIALS TO MINIMIZE THE FLOW OF OIL INTO THE CREEK. ON APR 21, 2010, A CONCERNED CITIZEN CONTACTED EPA WHO MOBILIZED TO THE SCENE AND, IN TURN, NOTIFIED GA EPA EMERGENCY RESPONSE PROGRAM. FREE PRODUCT WAS OBSERVED FLOWING INTO THE CREEK AND THE ORIGINAL ABSORBENT BOOM WAS SATURATED TO CAPACITY WITH OIL. ON APR 22, 2010 THE EPA OSC ISSUED A NOTICE OF FEDERAL INTEREST TO RESPONDENT. THE OSC INSTRUCTED RESPONDENT TO IMMEDIATELY REPLACE THE BOOM AND TO APPLY ADD'L ABSORVENT MATERIALS TO MINIMIZE THE FLOW OF OIL INTO THE CREEK. THE OSC DISCUSSED WITH RESPONDENT A MORE ROBUST STRATEGY OF EXCAVATING CUTOFF TRENCHES IN THE CREEK BANK TO INTERCEPT THE FLOW OF OIL PRIOR TO IT ENTERING THE CREEK. THE CITY OF ATLANTA OWNS THE CREEK BANK; THUS, RESONDENT WAS REQUIRED TO OBTAIN THE CITY'S PERMISSION BEFORE COMMENCING THE WORK. RESPONDENT WAS UNABLE TO OBTAIN THE APPROVAL NECESSARY TO CONDUCT TRE NCHING WORK ON CITY PROPERTY. EPA THEREFORE ASSUMED RESPONSIBILITY FOR THE SITE. ON FRI APR 30 2010 BEGAN SITE OPERATOINS INCLUDING INSTALLATION OF THE INTERCEPTOR TRENCH AND ASSUMPTION OF THE ABSORBENT BOOM AND PAD OPERATIONS IN CLEAR CREEK. ON MAY 14, 2010, EPA RETURNED RESPONSIBILITY TO THE RESPONDENT. RESPONDENT HAS INSTALLED MONITORING WELL BETWEEN THE LOCATION OF THE LEAKING UST AND THE CREEK DISCHARGE POINT, AND IT HAS BEEN SAMPLING SURFACE WATER IN CLEAR CREEK SINCE APR 2010. IN DEC 2010, RESPONDENT REMOVED THE LEAKING UST. RESPONDENT SPENT MOST OF 2011 APPLYING FOR AND OBTAINING THE PERMITS FOR INSTALLING AND OPERATING A VAPOR EXTRACTION/DESTRUCTION SYSTEM TO RECOVER THE UNDERGROUND PLUME OF OIL. THE SYSTEM WAS BROUGHT ONLINE IN JULY 2012. SINCE JAN 2012, EPA HAS BEEN CONDUCTING STREAM MONITORING AND SAMPLING TO ENSURE WATER QUALITY IS MAINTAINED. ACCORDING TO RESPONDENT'S AND EPA'S SAMPLING RESULTS, IN-STREAM WATER QUALITY STDS FOR BENZENE WERE EXCEEDED IN OCT 2010, NOV 2011, AND NOV 2012. RESPONDENT NEVER REPORTED THE NOV 2011 OR 2012 EXCEEDENCES. BETWEEN JAN AND MAY 2013, THE EPA HAS OBSERVED A DETERIORATION OF THE DEFENSIVE PRACTICES EMPLOYED BY RESPONDENT TO PREVENT ADD'L DISCHARGES FROM OCCURRING INTO CLEAR CREEK. THE INTERCEPTOR TRENCH HAS NOT BEEN MAINTAINED SUCH THAT IT HAS CAVED IN. ON 5/3/13, THE GAS PLUME AGAIN DISCHARGED RAW PRODUCT INTO THE CREEK. EPA MOBILIZED TO THE SITE AND VERIFIED THE DISCHARGE.

Defendants (1)

• LANCE OIL (SB)Named in settlement

Facilities (1)

• OIL SPILL (LANCE OIL CO.)

  1539 PIEDMONT AVENUE NE, ATLANTA, GA, 30304

  Registry ID: 110043256437

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 311B — Oil & Hazardous Substances Discharge
• CWA 311C2/311E — Emergency Powers Oil Imminent & Substantial Endangerment

Enforcement conclusions (1)

• LANCE OIL CO., INC.entered 2013-07-17

  Primary law: CWA

Timeline (2 milestones)

• 2013-07-17Final Order Issued
• 2013-10-29Enforcement Action Data Entered