EPA v. Cubbys - Pender RCRA 9006 UST - ACO or APO - Expedited Settlement Agreement

Case summary

Respondent failed to comply with the following requirements of Subtitle I of the Resource Conservation and Recovery Act: to perform tightness testing within 30 days after completion of repair to secondary containment areas; to maintain records of repairs at time of inspection; to conduct annual walkthrough inspection; to install and calibrate release detection method in accordance with manufacturer's instructions for four sump sensors; to provide line tightness testing for piping within last 12 months for all 6 tanks; to maintain every result of sampling, testing, or monitoring for release detection for at least 1 year.

Defendants (1)

• Cubby�s - PenderNamed in complaintNamed in settlement

Facilities (1)

• CUBBY'S

  701 S. 4TH ST, PENDER, NE, 68047

  Registry ID: 110064508894

Statutes cited

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

Enforcement conclusions (1)

• Cubbys - Pender RCRA 9006 UST - ACO or APO - Expedited Settlement Agreemententered 2024-09-23

  Primary law: RCRA

  Federal penalty: $14,900

Timeline (4 milestones)

• 2024-09-23Complaint Filed/Proposed Order
• 2024-09-23Final Order Issued
• 2024-09-27Enforcement Action Data Entered
• 2024-10-22Enforcement Action Closed