EPA v. American Retail Services, LLC. - ESA Pilot

Case summary

On September 16, 2016, Region 10 filed an expedited settlement agreement and final order (ESA) with American Retail Services - Fresno, LLC., (dba Porter's Fuel), to address violations of the Underground Storage Tank (UST) rules at its facility in Tangent, Oregon. Respondent failed to inspect the corrosion protection system every 60 days. Owners should inspect the corrosion protection system every 60 days to protect their USTs and helps prevent costly and harmful soil and groundwater contamination. Corrective actions taken under this settlement to properly operate and maintain the UST system prevents up to 30,000 gallons of gasoline (two tanks) and 20,000 gallons (one tank) of diesel from being released to the environment. Respondent provided the current corrosion protection system logs and agreed to pay a $4,250 penalty. This is the ninth of ten UST ESA pilot settlements by Region 10 in FY16 using the ESA pilot authority to target repeat violators and streamline settlement with the UST owners/operators.

Defendants (1)

• American Retail Services, LLCNamed in complaintNamed in settlement

Facilities (1)

• PORTER'S FUEL

  33651 HWY 99 E, TANGENT, OR, 97389

  Registry ID: 110067440399

Statutes cited

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

Enforcement conclusions (1)

• American Retail Services, LLC. - ESA Pilotentered 2016-09-16

  Primary law: RCRA

  Federal penalty: $4,250

Timeline (4 milestones)

• 2016-03-22Enforcement Action Data Entered
• 2016-09-16Final Order Issued
• 2016-09-16Complaint Filed/Proposed Order
• 2016-09-23Enforcement Action Closed