DONOVAN'S BLACK TOP SERVICE INC OF PITTSFIELD, MA WAS IN NON-COMPLIANCE WITH STATE AND FEDERAL UNDERGROUND STORAGE TANK (UST) RELEASE DETECTION REGULATIONS FOR NOT HAVING ADEQUATE FINANCIAL RESPONSIBILITY (FR) AND NOT MAINTAINING LEAK DETECTION (LD) EQUIPMENT. ON 12/31/09, EPA ISSUED A PENALTY ORDER REQUIRING OWNER TO PROVIDE PROOF OF FR AND MAINTAIN LD EQUIPMENT. OWNER DECIDED TO REMOVE TANKS RATHER THAN BRING FACILITY UP TO COMPLIANCE STANDARDS. THE COMPANY ALSO AGREED TO PAY A PENALTY OF $200.