EPA v. MERCHANTS FAST MOTOR LINES, INC.

Case summary

1. SECTION 9006 OF THE SOLID WASTE DISPOSAL ACT, AS AMENDED ( SWDA ), 42 U.S.C. SECTION 6991E. 2. MERCHANTS FAST MOTOR LINES, INC. 1733 EAST HWY. 80 ABILENE, TEXAS 79601 LOCATION OF FACILITY: 200 SOUTH GRANDVIEW ODESSA, TEXAS 79760 3. RESPONDENT WAS IN VIOLATION OF SECTION 9003 OF THE SWDA BY 1) FAILING TO CONDUCT RELEASE DETECTION FOR TANKS, 2) FAILING TO PROVIDE AUTOMATIC LINE LEAK DETECTORS FOR PRESSURIZED PIPING, 3) FAILING TO CONDUCT LINE TIGHTNESS FOR PRESSURIZED PIPING, 4) FAILING TO TEST AUTOMATIC LINE LEAK DETECTORS ANNUALLY, 5) FAILING TO NOTIFY IMPLEMENT- ING AGENCY WITHIN 24 HOURS OF A SUSPECTED RELEASE, AND 6) FAILING TO INVESTIGATE AND CONFIRM A SUSPECTED RELEASE WITHIN SEVEN DAYS FROM DISCOVERY OF A SUSPECTED RELEASE. 4. RELIEF SOUGHT PURSUANT TO SECTION 9006 OF THE SWDA, EPA PROPOSES A COMPLIANCE ORDER THAT REQUIRES THE RESPONDENT TO CONDUCT A SYSTEM TEST OF ALL UST SYSTEMS AT THE FACI- LITY AND SUBMIT THE RESULTS TO TNRCC AND EPA, INSTALL AUTOMATIC LINE LEAK DETECTORS ON EACH SATELLITE SYSTEM OR REPLUMB THE SATELLITE SYSTEM SUCH THAT THE AUTOMATIC DE- TECTORS WILL TEST ALL OF THE PRESSURIZED SYSTEMS AND SUB- MIT DOCUMENTATION TO TNRCC AND EPA DEMONSTRATING COM- PLIANCE, ADOPT AND SUBMIT WRITTEN PROCEDURES TO TNRCC AND EPA THAT INSURE THAT RESPONDENT WILL NOTIFY AND INVESTI- GATE/CONFIRM ALL SUSPECTED RELEASES, AND SUBMIT A SCHED- ULE TO TNRCCAND EPA FOR EITHER REMOVING USTS AT THE FAC- ILITY OR UPGRADING THE USTS BY DEC. 22, 1998 WITHIN 60 DAYS OF RECEIPT OF THE ORDER. EPA ALSO PROPOSES A CIVIL PENALTY OF $50,347.

Defendants (1)

• MERCHANTS FAST MOTOR LINES, INC.Named in complaintNamed in settlement

Facilities (1)

• MERCHANTS OF TEXAS INC

  1733 E HWY 80, ABILENE, TX, 79601

  Registry ID: 110010595748

Statutes cited

• RCRA LUST — Underground Storage Tanks Violations

Enforcement conclusions (1)

• MERCHANTS FAST MOTOR LINES, INC.entered 1996-03-04

  Primary law: RCRA

  Federal penalty: $12,000

Timeline (4 milestones)

• 1996-03-04Final Order Issued
• 1996-03-06Enforcement Action Data Entered
• 1996-03-06Complaint Filed/Proposed Order
• 1997-07-23Enforcement Action Closed