Respondent's three facilities have a total of 8 USTs that have been out of compliance with the regulations for USTs as documented in four inspections on 2-26-07, 8-10-07, 10-22-08 prior to a bankruptcy filing and one inspection post- petition on March 15, 2010. The tanks need to be upgraded or permanently/temporarily closed. EPA documented violations of 40 CFR Part 280, including failure to monitor every 30 days, failure to monitor for releases, failure to test cathodic corrosion protection, failure to install overfill prevention device, and failure to have line tightness test. Previous bankruptcy referral sent to DOJ. This is the Administrative Complaint portion.
Amended complaint signed March 28, 2012.
Second Amended Complaint: Updated case on status of violations and added a new count, although additional penalty not sought. Signed August 22, 2012.