Storage Tank Enforcement: United States Environmental Protection Agency and Dallas/Mountaintop, Pennsylvania, 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 Yogkala Management, Inc. (“YMI”) entered into a September 27th Consent Agreement (“CA”) addressing alleged violations of the Underground Storage Tank (“UST”) regulations. See Docket No. RCRA-03-2022-0013.

The CA provides that YMI is the owner and operator of USTs located at the following facilities:

  • Valley Mart Dallas, Pennsylvania (“VMD”)
  • Valley Mart Mountain Top, Pennsylvania (“VMMT”)
(collectively, the “Facilities”)

The VMD Facility is stated to have six USTs and the VMMT Facility is stated to have seven USTs.

EPA is stated to have sent YMI an Information Request Letter (“IRL”) regarding the Facilities on August 6, 2020. The following violations are alleged:

  • Failure to Conduct Annual Testing of the Operation of Four (4) Automatic Line Lead Detectors at VMD
  • Failure to Conduct Annual Testing of the Operation of Seven (7) Automatic Line Leak Detectors at VMMT
  • Failure to Provide Overfill Protection Equipment on Four (4) USTs at VMMT

YMI neither admits nor denies the alleged violations.

A civil penalty of $45,000 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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