On September 27, 2002, the United States Environmental Protection Agency - Region III (���EPA��� or the ���Agency���) issued an Administrative Complaint, Compliance Order and Notice of Opportunity for a Hearing (���Complaint���) against Sheetz, Inc. (���Respondent���), the owner and/or operator of facilities located at 2311 Valley Avenue, Winchester, Virginia, and 1683 Berryville Pike, Winchester, Virginia (hereinafter ���Facilities��� or ���Store #203 and Store #207 , respectively) for violations of RCRA Subtitle I, 42 U.S.C. ���� 6991 et seq., and the Commonwealth of Virginia���s authorized underground storage tank regulations, set forth in Title 9, Agency No. 25, Chapter 580 of Virginia���s Administrative Code.
The Complaint alleges violations of the authorized Virginia regulations, which are cited as the legal basis for EPA���s Complaint. Specifically, the Complaint alleges that Respondent owned and/or operated underground storage tanks (���USTs���) at the Facilities and (i) failed to provide a method, or combination of methods, of release detection for the USTs at Store #203 allowed under 9 VAC 25-580-160 and (ii) failed to investigate and confirm all suspected releases of regulated substances in accordance with 9 VAC 25-580-210 at the Facilities. The proposed penalty in the Complaint for the violations is $32,530