EPA v. JAY HARCROW

Case summary

MR. JAY HARCROW IS THE OWNER AND OPERATOR OF THE LAKE HAM- ILTON FOOD AND FUEL, LOCATED AT 5431 CENTRAL AVENUE (HIGH- WAY 7), HOT SPRINGS, AR. 71913 (HEREINAFTER REFERRED TO AS THE FACILITY . MR. HARCROW IS THE RESPONDENT IN THIS CASE. RESPONDENT IS A PERSON AS DEFINED AT 40 C.F.R. SEC. 280. 12. RESPONDENT IS OWNER AND OPERATOR OF UNDERGROUND STORAGE TANKS AND UNDERGROUND STORAGE TANK SYSTEMS ( USTS ) LOCATED AT 5431 CENTRAL AVENUE, HOT SPRINGS, AR., AS THOSE TERMS ARE DEFINED AT SECTION 9001 OF THE SOLID WASTE DISPOSAL ACT, 42 U.S.C. SEC. 6991, 40 C.F.R. SEC. 280.12, RESPONDENT IS THE SOURCE OF AND PROVIDES FUELS AND CONVEN- IENCE-STORE ITEMS TO THE PUBLIC. PURSUANT TO REGULATIONS ESTABLISHED AT 40 C.F.R. SEC. 280.22 , RESPONDENT SUBMITTED DOCUMENTATION TO THE AR. DEPT. OF POLLUTION CONTROL AND ECOLOGY (ADPC&E) TO REGISTER USTS AT THE FACILITY. ON MAY 20, 1993, A DULY AUTHORIZED EPA REPRESENTATIVE ( THE INSPECTOR ) CONDUCTED AN INSPECTION ( THE INSPECTION ) OF THE USTS AT THE FACILITY TO DETERMINE , INTER ALIA, RESPON- DENT'S COMPLIANCE WITH UNDERGROUND STORAGE TANK REGULATIONS. VIOLATIONS: COUNT 1: RESPONDENT'S FAILURE TO IMPLEMENT A RELEASE DETECT- ION SYSTEM IN ACCORDANCE WITH THE ESTABLISHED REGULATORY SCHEDULE AT THE FACILITY IS A VIOLATION OF SECTION 9003 OF THE SOLID WASTE DISPOSAL ACT, 40 U.S.C. SEC. 6991B AND THE REGULATIONS PROMULGATED THERETO AT 40 C.F.R. SEC. 280.40. COUNT 2: RESPONDENT'S FAILURE TO PROVIDE DOCUMENTATION THAT THE GROUND WATER MONITORING WELLS WERE PROPERLY INSTALLED AND OPERATED TO MEET THE REQUIREMENTS FOR UST'S IN ACCORD- ANCE WITH THE ESTABLISHED REGULATIONS IS A VIOLATION OF SEC- TION 9003 OF THE SWDA. COUNT 3: RESPONDENT'S FAILURE TO CONTAIN, IMMEDIATELY CLEAN UP AND REPORT SPILLS AND OVERFILLS OF PETROLEUM EXCEEDING 25 GALLONS FROM REGULATED UNDERGROUND STORAGE TANKS WITHIN 24 HOURS TO THE IMPLEMENTING AGENCY, TO MEET THE REQUIREMENTS FOR UST'S IN ACCORDANCE WITH THE ESTABLISHED REGULATIONS AT THE FACILITY, IS A VIOLATION OF SECTION 9003 OF THE SWDA. COUNT 4: RESPONDENT'S FAILURE TO MAINTAIN RELEASE DETECTION RECORDS, TO MEET THE REQUIREMENTS FOR UST'S IN ACCORDANCE WITH THE SETABLISHED REGULATIONS AT THE FACILITY, IS A VIOL- ATION OF SECTION 9003 OF THE SWDA. A PROPOSED CIVIL PENALTY TOTALLING $6,450 IS AS FOLLOWS: COUNT 1 40 C.F.R. 280.41(A) $4,500 COUNT 2 40 C.F.R. 280.43(F) $ 150 COUNT 3 40 C.F.R. 280.53 $1,500 COUNT 4 40 C.F.R. 280.45(B) $ 300 TOTAL $6,450

Defendants (1)

• JAY HARCROWNamed in complaintNamed in settlement

Facilities (1)

• JAY HARCROW

  5431 CENTRAL AVE (HWY 7), HOT SPRINGS, AR, 71913

  Registry ID: 110010774439

Statutes cited

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

Enforcement conclusions (1)

• JAY HARCROWentered 1996-01-05

  Primary law: RCRA

  Federal penalty: $500

Timeline (5 milestones)

• 1993-06-23Enforcement Action Data Entered
• 1993-06-23Complaint Filed/Proposed Order
• 1996-01-05Final Order Issued
• 1996-02-26Compliance Achieved
• 1996-05-31Enforcement Action Closed