Defendant failed to meet its legal obligation to: (a) operate and maintain corrosion protection; (b) provide release detection for tanks and piping; (c) provide automatic line leak detectors for pressurized piping; (d) maintain and provide release detection records for tanks and piping; (e) maintain and provide records of annual operation tests for line leak detectors; (f) secure monitoring wells; (g) ensure that groundwater was less than twenty feet from the surface for monitoring wells; (h) report suspected releases; (i) investigate suspected releases; (j) provide overfill prevention; (k) provide release detection for tanks in temporary closure that contain more than one inch of product; and, (l) secure UST systems in temporary closure. These are violations under Subtitle I of the Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act, and the federally enforceable approved Commonwealth of Puerto Rico UST regulations. Region requests the prompt initiation of a civil action against the Defendant: (1) to compel the Defendant?s strict compliance with regulatory requirements; (2) to assure any necessary remedial actions; and, (3) to assess a civil penalty for the alleged violations of the UST requirements.
Supplemental referral sent on September 28, 2012. Addition of four facilities.
The Defendant will install, or upgrade to, a fully automated electronic release detection monitoring system at 137 facilities with Total-own