Defendants at the Facilities have failed to satisfy numerous requirements mandated by Subtitle I of RCRA or 40 C.F.R. Part 280 including failure to: provide cathodic protection for existing metal piping; provide adequate release detection methods for tanks that routinely carry product; provide methods of release detection for pressurized piping systems; annually test automatic line leak detectors (ALLDs) for underground piping; maintain records of release detection; comply with temporary closure requirements; install adequate overfill protection in a new and existing tanks; and respond to requests for information.
On October 3, 2016, the U.S. District Court for the Eastern District of New York approved a judicial Consent Judgment resolving claims against six Defendants, regarding their UST systems at stations in Elmont, North Babylon, and Island Park, New York. The Department of Justice, on behalf of EPA, brought this action pursuant to Section 9006 of RCRA, alleging that the Defendants failed to satisfy numerous requirements mandated by Subtitle I of RCRA and 40 C.F.R. Part 280, including not satisfying the legal obligation to: (1) provide cathodic protection for existing metal piping; (2) provide adequate release detection methods for tanks that routinely carry product; (3) provide methods of release detection for pressurized piping systems; (4) annually test automatic line leak detectors for underground piping; (5) maintain records of release detection; (6) comply with