Storage Tank Enforcement: Alabama Department of Environmental Management and Jefferson County Regulated Substance Deliverer Enter into Consent Order

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Alabama Department of Environmental Management (“ADEM”) and New Frontier Oil, LLC (“New Frontier”) entered into an April 15th Consent Order (“CO”) addressing an alleged violation of certain Alabama regulations addressing the delivery of regulated substances.

New Frontier is described as a regulated substance deliverer operating in Jefferson County, Alabama.

The CO provides that pursuant to ADEM Admin. Code r. 335-6-15-.45(c), upon implementation of delivery prohibition:

. . . it shall be unlawful for any regulated substance deliverer to deliver a regulated substance, and it shall be unlawful for owners and operators of UST systems to accept delivery of a regulated substance to an underground storage tank facility that is under delivery prohibition.

New Frontier is alleged to have delivered a regulated substance to an underground storage tank facility that was under delivery prohibition. The regulated substance was stated to have been delivered to Village Fuel Store Stop in Jefferson County, Alabama, while they were on delivery prohibition. Further, it is stated that available Bills of Lading indicates that New Frontier made eight deliveries of a regulated substance to an underground storage tank facility that was under deliver prohibition on dates specified in the CO.

New Frontier neither admits nor denies the allegations contained in the CO.

The CO further provides that in an effort to cooperate with ADEM and to resolve the alleged violations, New Frontier consents to the CO and agrees to abide by its terms.

A civil penalty of $15,000 is assessed.

A copy of the CO can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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