EPA v. Totem Grocery (aka Totem Grocery & Deli)

Case summary

On October 24, 2012, Region 10 notified Joseph Oh and Holly Investment LLC that EPA intends to prohibit fuel deliveries to the two underground storage tanks at the Totem Grocery & Gas due to ongoing UST violations at the facility. Mr. Oh will have 30 days to bring his facility into compliance. If he fails to do so, the Region will attach a red tag to each tank system that remains out of compliance. Accepting or delivering fuel into the tanks can result in civil penalties against Mr. Oh, his company and the fuel deliverer. Tampering with the red tag can result in criminal penalties. Many states have used delivery prohibition for several years. Congress granted EPA the authority to prohibit fuel deliveries in the 2005 Energy Policy Act. EPA issued guidance on using this authority on June 25, 2012. This is the first time EPA has used this authority. Contact: Deborah Hilsman, (206) 553-1810; Katherine Griffith, (206)553-2901.

Defendants (3)

• Holly Investment, LLCNamed in complaint
• Totem Grocery (aka Totem Grocery & Deli)Named in complaint
• Joseph Seakyu OhNamed in complaint

Facilities (1)

• TOTEM GROCERY & GIFT SHOP

  105 MARINE DRIVE NE, MARYSVILLE, WA, 98271

  Registry ID: 110014406598

Statutes cited

• RCRA 9005 — Inspections, Monitoring, Testing, Corrective Actions

Timeline (5 milestones)

• 2012-08-31Referred To Dept Of Justice
• 2012-08-31Enforcement Action Data Entered
• 2012-10-10Complaint Filed With Court
• 2015-05-03Concluded
• 2015-05-08Enforcement Action Closed