California v. Golden Gate Petroleum Co.
Citation: 47 ELR 20038
No. MSC 07 02593, (Cal. Super. Ct., 03/13/2017) (Goode, J.)
A California court found that three gas station operators failed to comply with requirements for monitoring and maintaining underground storage tanks. During several inspections the defendants were told of their violations concerning the tanks, which included tampering with leak-detection systems and improperly handling hazardous substances. The court entered an amended final judgment on the matter in November 2011. The defendants challenged the judgment on procedural grounds, claiming that a hearing was required to determine if the alleged violations occurred, and that the state failed to comply with the notice requirements of the final judgment. The court disagreed with the defendants, holding that the defendants had ample notice of their various violations and enough time to cure them. Further, even if the state violated the terms of the judgment, the defendants failed to show any damages that would offset the stipulated penalties claimed by the state.