THE DEFENDANTS FAILED TO COMPLY WITH RELEASE DETECTION, UPGRADE, CATHODIC PROTECTION, SPILL REPORTING, CLOSURE, AND OTHER REQUIREMENTS FOR UNDERGROUND STORAGE TANKS (USTS).
Three gasoline service stations owned and operated by various Defendants (SEFT Defendants) containing USTs which were not provided with appropriate methods of release detection or cathodic protection, were not properly upgraded and/or closed. US sought penalties and injunctive relief in the form of continued monitoring, compliance, and submission of data to EPA.
The second settlement concluded on February 20, 2009. A second amended complaint was filed on July 6, 2009.
The third settlement was concluded on August 26, 2009.
The fourth settlement was concluded on October 22, 2012 and requires the Defendants to pay a penalty and imposes continuing compliance and reporting requirements for the three stations and eleven USTs still owned by the Defendants.
A Stipulation of Settlement of Stipulated Penalty Claims was entered on August 9, 2016.