3/24/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $17,639. RESPONDENT SHALL MAKE SEVEN PAYMENTS OF $1,480.74 AND AN EIGHTH PAYMENT OF $7,480.74. THE FIRST PAYMENT IS DUE BY MAY 1, 2011. THE LAST PAYMENT IS DUE BY FEBRUARY 1, 2013.
ORDER ALLEGES:
ON SEPTEMBER 24, 2009, EPA CONDUCTED A COMPLIANCE INSPECTION (CI) AT RESPONDENT'S THREE PETROLEUM UST SYSTEMS LOCATED IN NORTH CAROLINA.
FACILITY #1 IS A BULK FUELING STATION CONSISTING OF TWO STEEL GASOLINE UST's AND ONE STEEL DIESEL UST.
FACILITY #2 IS A BULK FUELING STATION CONSISTING OF ONE STEEL KEROSENE UST AND ONE STEEL GASLINE UST.
FACILITY #3 IS A GASOLINE SERVICE STATION CONSISTING OF ONE STEEL OFF-ROAD DIESEL UST, ONE STEEL DIESEL, UST, AND TWO STEEL GASOLINE USTs.
EPA ALLEGES THAT AT THE TIME OF THE CI, RESPONDENT HAD FAILED TO INSTALL OVERFILL PREVENTION EQUIPMENT ON THE DIESEL UST AT FACILITY #1 AND THE OFF-ROAD DIESEL UST AT FACILITY #3.
EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 9003 OF RCRA, 42 U.S.C. SECTION 6991b; 40 C.F.R. SECTIONS 280.20(c), 280.21(d).
AT THE TIME OF THE CI, RESPONDENT HAD FAILED TO INSPECT THE CP SYSTEM EVERY THREE YEARS FOR THE GASOLINE USTs AT FACILITY #1 AND ALL THE USTs AT FACILITIES #2 AND #3.
EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 9003 OF RCRA, 42 U.S.C. SECTION 6991b; 40 C.F.R. SECTION 280.31(b).
AT THE TIME OF THE CI, RESPONDENT HAD FAILED TO INSPECT THE IMPRESSED CURRENT CP SYSTEM EVERY 60 DAYS FOR ALL THE USTs AT FACILITIES