EPA v. TRANSMONTAIGNE CHESAPEAKE

Case summary

INSPECTED BY: BIONETICS INSPECTION REASON: DETERGENT AUDIT INSPECTION DATE: NO. OF VIOLATIONS: FFIF# 1066249 DETERGENT AUDIT FOUND SEVERAL VAR & RECORD VIOLATIONS. DURI NG A DETERGENT ADDITIZATION AUDIT OF A GASOLINE TERMINAL IN CHESAPEAKE, VA WHICH WAS FORMERLY OPERATED BY RESPONDENT, EP A INSPECTORS DISCOVERED THAT RESPONDENT HAD COMMITTED SEVERA L VIOLATIONS OF THE DETERGENT PROGRAM DURING ITS OPERATION O F THE TERMINAL. THESE VIOLATIONS INCLUDED FAILING TO ATTAIN THE ADDITIZATION COMPLIANCE STANDARD DURING 11 MONTHLY COMP LIANCE PERIODS, PLUS NUMEROUS RECORDKEEPING VIOLATIONS. RES PONDENT PRESENTED EVIDENCE REQUIRING EPA TO REDUCE AND AMEND THE NOV'S PROPOSED PENALTY TO ACCOUNT FOR FEWER ACTUAL VIOL ATIONS. RESPONDENT HAD SOLD ITS TERMINAL TO A SUCCEEDING CO RPORATION, WHICH WAS NOT DISCOVERED TO HAVE COMMITTED DETERG ENT PROGRAM VIOLATIONS DURING ITS LATER OPERATION OF THE TER

Defendants (1)

• TRANSMONTAIGNENamed in settlement

Facilities (2)

• TRANSMONTAIGNE TERMINALING INCORPORATED

  7600 HALIFAX LANE, CHESAPEAKE, VA, 23324

  Registry ID: 110000885800

• TRANSMONTAIGNE TERMINALING INCORPORATED

  7600 HALIFAX LANE, CHESAPEAKE, VA, 23324

  Registry ID: 110000885800

Statutes cited

• CAA 211 — Regulation of Fuels - Motor Vehicle and Engine Fuels

Enforcement conclusions (1)

• TRANSMONTAIGNE CHESAPEAKE TERMINALentered 2001-09-14

  Primary law: CAA

  Federal penalty: $23,188

Timeline (5 milestones)

• 2000-05-23Enforcement Action Data Entered
• 2000-12-13Complaint Filed/Proposed Order
• 2001-09-14Final Order Issued
• 2001-10-11Compliance Achieved
• 2001-10-11Enforcement Action Closed