DEFENDANTS FAILED TO COMPLY WITH RELEASE DETECTION AND UPRADE REQUIREMENTS FOR THE SIX UST SYSTEMS LOCATED AT THEIR FACILITY. FOUR DEFENDANTS NAMED IN THE COMPLAINT. TWO DEFENDANTS ARE IDENTICAL NAMES EXCEPT FOR THE HYPEN. (DATE GIVEN AS JUNE 7 PER LAN). MOTION FOR DJ FILED BY EDNY ON APRIL 8, 2O02.
This case involved enforcement of federal underground storage requirements- mainly release detection and upgrading/closure requirements found in 40 CFR Part 280. The U.S. District Court granted U.S.' motion for Default Judgment and issued an Order requiring the defendants to pay a civil penalty and to comply with release detection requirements, to permanently close ten tanks at the site, to upgrade or permanently close four other USTs at the site, and to conduct a site assessment and undertake any required corrective action at the site.
In 2005, a Defendant permanently closed the ten tanks, conducted a site assessment and undertook cleanup of contaminated soils in and around the ten tanks. However, the Defendant did not upgrade or permanently close the four other USTs at the site at that time. Review of financial information provided in 2004 and 2005 revealed that he did not have an ability to pay the civil penalty judgment against him. The service station facility closed from 2005 until 2009 due to outstanding violations cited by the NYC Fire Department and its unwillingness to allow the Defendant to continue to operate. On November 19,