Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order and Assessment Addressing Alleged Dyer County Highway Department Violation

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

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The Tennessee Department of Environment and Conservation (“TDEC”) issued a June 11th Order and Assessment (“Order”) to the Dyer County Highway Department (“Dyer”).

The Order states that Dyer is the registered owner of two underground storage tank (“UST”) systems located in Dyersburg, Tennessee.

The TDEC Division of Underground Storage Tanks (“Division”) is stated to have conducted an inspection of the Dyer USTs on November 26, 2019. The inspection is alleged to have identified a violation described as:

  • Failure to conduct annual line tightness test or do monthly monitoring on pressurized underground piping in accordance with Rule 0400-18-01-.04(2)(b)1(ii).

The Order further states that at the time of the inspection, a copy of the annual line tightness test results was not available for review for Tank #1A (8,000 gallon regular gasoline) or Tank #2A (8,000 gallon diesel).

Dyer is stated to have performed the necessary actions to address the violation and return the USTs to compliance.

The Order proposes to assess a civil penalty of $4,000. Additional options are provided to reduce the civil penalty.

Dyer is provided certain appeal rights.

A copy of the Order can be downloaded here.

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