EPA v. JOSEPH OH AND HOLLY INVESTMENT, LLC

Case summary

On November 27, 2012, Region 10 red-tagged the fill pipes of two underground storage tanks (USTs), prohibiting fuel delivery to the underground storage tanks at Totem Grocery & Gas because of ongoing violations. On October 24, 2012, the Region had notified the facility owner, Joseph Oh, and his company, Holly Investment, LLC, that fuel deliveries would be prohibited unless the violations were corrected within 30 days. The Region met with Mr. Oh's representatives but never documented compliance. This is the first time EPA has exercised its authority to prohibit fuel deliveries. Meanwhile, in a separate on-going administrative action against Mr. Oh and Holly Investment, LLC, the administrative law judge (ALJ) issued an order on November 13th denying Mr. Oh's motion to set aside the ALJ's August 3, 2012 default order finding Mr. Oh and his company liable for UST violations at Totem Grocery & Gas, ordering them to take certain compliance actions, and assessing a $48,078 penalty.

Defendants (1)

• JOSEPH OH AND HOLLY INVESTMENT, LLCNamed in complaintNamed in settlement

Facilities (1)

• TOTEM GROCERY & GIFT SHOP

  105 MARINE DRIVE NE, MARYSVILLE, WA, 98271

  Registry ID: 110014406598

Statutes cited

• RCRA 9003 — UST Release Detection, Prevention, Correction Regulations
• RCRA 9006D2E — UST Delivery Prohibition

Enforcement conclusions (1)

• JOSEPH OH AND HOLLY INVESTMENT, LLCentered 2012-11-27

  Primary law: RCRA

Timeline (3 milestones)

• 2011-10-11Enforcement Action Data Entered
• 2012-11-27Final Order Issued
• 2015-02-18Enforcement Action Closed