EPA v. Posen Oil

Case summary

On November 28, 2003, Posen Oil reported a release of diesel fuel additive at their facility at 2739 West 139th Street. Based on this release, the facility was selected for an inspection. Further investigation revealed that the diesel fuel additive spill occurred on a concrete floor inside a building and thus was not a release to the environment. However, it was also discovered that Posen Oil had not submitted a TIER Form since March 15, 2001 for the calendar year 2000, which reported diesel fuel and gasohol in excess of 10,000 pounds. During conversation with facility personnel at Posen Oil, it was revealed that a second location at 14200 Division contained large storage tanks. An inspection was scheduled for both locations on February 4, 2004. George Rancich and Ginger Jager conducted the inspection. The location at 2739 West 139th Street was determined to be company offices and a small storage area for �consumer level� containers of motor oil, windshield washer fluid, etc. The inspection at 14200 Division revealed two large above ground storage tanks containing diesel fuel, an underground tank containing gasohol, and two underground tanks containing diesel fuel. At the time of the inspection, Posen Oil provided us with the maximum values for gasohol, #2 diesel, and #1 diesel. Gasohol, #2 diesel, and #1 diesel were found to be above the 10,000 lb threshold, and #1 diesel was 588 times the threshold. Posen Oil violated EPRCA 312 by not submitting TIER forms for the calendar year 2001 by March 1, 2002, and for calendar year 2002 by March 1, 2003 to the SERC, LEPC, and Fire Department. Posen Oil has submitted the TIER form for calendar 2003. SETTLEMENT The total penalty was calculated for one past year violation and three current year violations of EPCRA Section 312. The initial proposed penalty for all four counts was $44, 364 for failure to submit TIER forms for 2001 and 2002. Reductions in penalty were made for cooperation, quick settlement, size of business, and litigation risk and the final agreed upon penalty is $19,013.10.

Defendants (1)

• Posen OilNamed in complaintNamed in settlement

Facilities (1)

• POSEN OIL TERMINAL INC.

  14200 DIVISION ST., POSEN, IL, 60469

  Registry ID: 110017714838

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• Posen Oilentered 2004-09-29

  Primary law: EPCRA

  Federal penalty: $19,013

Timeline (4 milestones)

• 2004-09-29Complaint Filed/Proposed Order
• 2004-09-29Final Order Issued
• 2004-10-14Enforcement Action Data Entered
• 2004-10-26Enforcement Action Closed