EPA v. COTTER OIL COMPANY

Case summary

1. SECTION 9006 OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ( RCRA ), 42 U.S.C. SECTION 6991E, AS AMENDED BY THE HAZARDOUS AND SOLID WASTE ADMENDMENTS OF 1984. 2. COTTER OIL COMPANY MOUNTAIN HOME, ARKANSAS FACILITY: CANEY GENERAL STORE HCR 66, HIGHWAY 14 SOUTH YELLVILLE, ARKANSAS 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE I, 42 U.S.C.SEC- TIONS 6991 - 6991I, BY 1) FAILING TO REPORT A SUSPECTED RELEASE WITHIN 24 HOURS OF DISCOVERY, 2) FAILING TO IN- VESTIGATE IMMEDIATELY AND CONFIRM A SUSPECTED RELEASE, AND 3) FAILING TO CONDUCT RELEASE DETECTION FOR TANKS. 4. RELIEF SOUGHT PURSUANT TO SECTION 9006 AND 9006(A), EPA PROPOSES A COMPLIANCE ORDER THAT WOULD REQUIRE THE RE- SPONDENT TO SUBMIT WRITTEN EVIDENCE TO EPA THAT 1) RE- SPONDENT HAS ADOPTED PROCEDURES WHICH SET FORTH INSTRUCT- IONS TO RESPONDENT'S OPERATORS IN REPORTING SUSPECTED RE- LEASES, 2) RESPONDENT HAS ADOPTED PROCEDURES WHICH SET FORTH INSTRUCTIONS IN CONDUCTING RELEASE DETECTION AND CONFIRMATION OF A SUSPECTED RELEASE, AND 3) AND THAT RE- LEASE DETECTION IS CONDUCTED FOR ALL USTS IN ACCORDANCE TO REGULATIONS. EPA ALSO PROPOSES A CIVIL PENALTY IN THE AMOUNT OF $19,688 FOR THE ALLEGED VIOLATIONS IN THE COM- PLAINT.

Defendants (1)

• COTTER OIL COMPANYNamed in complaint

Facilities (1)

• CANEY GENERAL STORE

  HCR 66, HWY 14 S, YELLVILLE, AR, 72687

  Registry ID: 110010652640

Statutes cited

• RCRA LUST — Underground Storage Tanks Violations

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: RCRA

Timeline (3 milestones)

• 1996-03-29Complaint Filed/Proposed Order
• 1996-04-02Enforcement Action Data Entered
• 1997-07-02Enforcement Action Closed