Storage Tank Enforcement: U.S. Environmental Protection Agency and West Virginia Grocery Stores Operator Enter into Consent Agreement

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

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The United States Environmental Protection Agency (“EPA”) and U-Save Food Store, Inc. (“U-Save”) entered into a December 13th Consent Agreement (“CA”) addressing alleged violations of the West Virginia Underground Storage Tank (“UST”) regulations. See EPA Docket No. RCRA-03-2022-0005.

The CA addresses grocery stores located in Craigsville and Mt. Nebo, West Virginia.

U-Save is stated to be the owner and/or operator of USTs at the previously referenced grocery stores.

EPA Region 3 is stated to have conducted an inspection of the USTs at the grocery stores on March 4, 2020. The USTs present at each grocery store and their gallonage are identified in the CA.

The following violations are alleged to have been identified during the inspection:

  • Failure to conduct tank release detection on five USTs
  • Failure to conduct annual line tightness testing or utilize a monthly method of piping release detection on five UST systems
  • Failure to provide tank release detection on one UST

A civil penalty of $33,000 is assessed.

A copy of the CA can be downloaded here.

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