EPA v. STAR ENTERPRISE, INC.

Case summary

STAR ENTERPRISE ( RESPONDENT ) IS A CORPORATION IN GOOD STANDING, IS INCORPORATED UNDER THE LAWS OF THE STATE OF NEW YORK AND IS HEADQUARTERED AT 2 PENN PLAZA, SUITE 1500, NEW YORK CITY, NEW YORK 10121. RESPONDENT IS AN OWNER AND OPERATOR OF UNDERGROUND STORAGE TANKS AND UNDERGROUND STORAGE TANK SYSTEMS ( USTS ) AS THOSE TERMS ARE DEFINED AT SEC. 9001 OF THE SWDA, 42 U.S.C. SEC. 6991, 40 C.F.R. 280.12. IN THE OPERATION OF ITS BUSINESS, RESPONDENT IS THE SOURCE OF AND PROVIDES EQUIPMENT AND MATERIALS FOR SALE TO CON- SUMERS IN THE FUEL MARKETING INDUSTRY THROUGH ITS CONVEN- IENCE STOES. RESPONDENT SUBMITTED DOCUMENTATION TO THE LA. DEPT. OF EN- VIRONMENTAL QUALITY TO REGISTER 4 USTS AT 5001 VETERANS BLVD., METAIRIE, LA. 70002 (HEREINAFTER REFERRED TO AS THE ( FACILITY ). THE USTS REGISTERED BY RESPONDENT INCLUDE USTS WITH INSTALL- ATION DATES OF 1984. ON MAR. 5, 1992, A DULY AUTHORIZED EPA REPRESENTATIVE ( THE INSPECTOR ) CONDUCTED AN INSPECTION ( THE INSPECTION ) OF 4 USTS AT THE FACILITY TO DETERMINE, INTER ALIA, RESPONDENT'S COMPLIANCE WITH RELEASE DETECTION REGULATIONS. VIOLATIONS: COUNT 1: RESPONDENT'S FAILURE TO IMPLEMENT THE REQUIRED RE- LEASE DETECTION SYSTEM IN ACCORDANCE WITH THE ESTABLISHED REGILATORY SCHEDULE AT ITS UST SYSTEMS LOCATED AT THE FACI- LITY IS A VIOLATION OF SECTION 9003 OF THE SWDA, 42 U.S.C. SEC. 6991(B) AND THE REGULATIONS PROMULGATED THERETO AT 40 C.F.R. 280.40. COUNT 2: RESPONDENT'S FAILURE TO CONDUCT PRECISION TESTING OF PRESSURE LINES AFTER INSTALLATION (BACKFILLING AND PAVING ) AND PRIOR TO OPERATION OF THE SYSTEM IN ACCORDANCE WITH CODES OF PRACTICE DEVELOPED BY A NATIONALLY RECOGNIZED AS- SOCIATION OR INDEPENDENT LABORATORY AND IN ACCORDANCE WITH THE MANUFACTURER'S INSTRUCTIONS AT ITS UST SYSTEMS LOCATED AT THE FACILITY, IS A VIOLATION OF SECTION 9003 OF THE SWDA, 42 U.S.C. SEC. 6991(B) AND THE REGULATIONS PROMULGATED THERE TO AT 40 C.F.R. 280.20. A CIVIL PENALTY OF $30,796 WAS PROPOSED.

Defendants (1)

• STAR ENTERPRISENamed in complaintNamed in settlement

Facilities (1)

• STAR ENTERPRISE, INC.

  5001 VETERANS BLVD, METAIRIE, LA, 70002

  Registry ID: 110003325116

Statutes cited

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

Enforcement conclusions (1)

• STAR ENTERPRISE, INC.entered 1994-06-23

  Primary law: RCRA

  Federal penalty: $6,000

Timeline (5 milestones)

• 1992-08-25Enforcement Action Data Entered
• 1992-08-25Complaint Filed/Proposed Order
• 1994-06-23Final Order Issued
• 1994-08-11Compliance Achieved
• 1994-08-11Enforcement Action Closed