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In re Amerimart Development Co.

Case Number: 
No. RCRA-02-2012-7501
ELR Citation:44 ELR 47905

An EPA administrative law judge assessed civil penalties against three companies that failed to properly manage underground storage tanks (USTs) located at several New York service stations in violation of RCRA. While one respondent resolved all claims through entering into a Consent Agreement and Final Order with the complainant, the other companies involved—Qual-Econ, MJG Enterprises, and G&G Petroleum—were found to be in default for their failure to comply with a Prehearing Order, an Order to Show Cause, and other prehearing exchange requirements. As a result, these respondents waived their rights to contest any factual allegations in the complaint.

The judge found Qual-Econ liable for violations alleged in counts 5-11, including failure to use overfill prevention equipment for new tank systems, failure to inspect the cathodic protection system of the UST systems, and failure to conduct annual line tightness tests or monthly monitoring for pressurizing piping of two UST systems. MJG Enterprises was found liable for counts 23-26, among them failure to meet new UST system performance standards and failure to provide mandatory release detection monitoring for the USTs. Qual-Econ and G&G Petroleum were found jointly liable for counts 27-33, including failure to maintain the results of at least one year of monitoring for releases from the UST systems and failure to meet performance standards for new UST systems. Qual-Econ was individually ordered to pay a civil penalty of $61,085; MJG Enterprises was assessed a penalty of $110,800; and Qual-Econ and G&G Petroleum were jointly and severally assessed a penalty of $115,176.