EPA v. Nagra Inc. - ESA Pilot

Case summary

On September 26, 2016, Region 10 filed an expedited settlement agreement and final order (ESA) with Nagra, Inc., dba Seabreeze Shell, to address underground storage tank (UST) rule violations at its facility in Port Townsend, Washington. Respondent failed to monitor the tank at least every 30 days for releases. Failure to monitor an underground storage tank every 30 days may allow leaks to go undetected, potentially resulting in costly and harmful soil and groundwater contamination. Corrective actions taken under this settlement to properly operate and maintain the UST system helps prevent up to 12,000 gallons of gasoline (one tank) and 8,000 gallons of diesel (one tank) from being released to the environment. Respondent provided a copy of a leak test for two tanks and agreed to pay a $3,400 penalty. This is the tenth 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)

• Nagra Inc.Named in complaintNamed in settlement

Facilities (1)

• SEABREEZE SHELL

  1408 W SIMS WAY, PORT TOWNSEND, WA, 98368

  Registry ID: 110015394241

Statutes cited

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

Enforcement conclusions (1)

• Nagra Inc. - ESA Pilotentered 2016-09-26

  Primary law: RCRA

  Federal penalty: $3,400

Timeline (4 milestones)

• 2016-08-08Enforcement Action Data Entered
• 2016-09-26Complaint Filed/Proposed Order
• 2016-09-26Final Order Issued
• 2016-09-29Enforcement Action Closed