EPA v. Shelby's Mini Mart

Case summary

EPA alleges that Anthony Isburg, owner and/or operator of the Underground Storage Tank(s) (US Ts) at 302 SD Hwy 249, Fort Thompson, South Dakota 57339 (UST Facility), failed to comply with the following requirement of Subtitle I of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. ?? 6991 et seq., and its implementing regulations at 40 C.F.R. part 280, during an inspection on September 14, 2016: 40 CFR ? 280.3 l(b)(I)- Failure to ensure that cathodic protection (CP) system is tested every 3 years thereafter. The last passing CP test was conducted on July 1, 2013, expiring on July I, 2016. The Facility's CP test had lapsed 75 days as of the date of inspection.

Defendants (1)

• Shelby's Mini MartNamed in complaintNamed in settlement

Facilities (1)

• SHELBYS MINI MART

  302 SD HIGHWAY 47, FORT THOMPSON, SD, 57339

  Registry ID: 110012351436

Statutes cited

• RCRA 9006D — UST Civil Penalties

Enforcement conclusions (1)

• Shelby's Mini Martentered 2017-12-04

  Primary law: RCRA

  Federal penalty: $850

Timeline (4 milestones)

• 2017-12-04Final Order Issued
• 2017-12-04Complaint Filed/Proposed Order
• 2018-04-18Enforcement Action Data Entered
• 2020-07-02Enforcement Action Closed