In 1988 EPA issued regulations establishing various rules for underground storage tanks. Depending on the age of the tanks, owners and operators were required to implement release detection requirements for their tanks over a four year period statring in 1989. Ten years after the issuance of the regulations, existing tanks had to meet upgrading requirements or had to be removed from service. The City owns at least 1600 underground storage tanks in at least 400 locations throughout the New York City metropolitan area, including all five boroughs. We have only listed in the information section those facilities that are listed in Appendix A of the consent Agreement. The tanks are operated by at least 16 agencies or departments of the City.
On December 5, 2002, the U.S. filed a complaint in the USDC, Southern District of NY alleging violations of the underground storage tank provisions of RCRA. The complaint alleged that since at least 1997 and continuing until the filing of the complaint, the City had been violating RCRA regulatory requirements applicable to its UST systems. The Complaint charged that the City had failed to: (1) timely upgrade UST systems; (2) timely and properly provide, operate, maintain, and/or moitor release detection methods; (3) maintain and furnish records concerning compliance with release detection requirements; (4) report, investigate, and confirm suspected releases of regulated substances; (5) comply with performance standards for new