Storage Tank Enforcement: Tennessee Department of Environment and Conservation Order Issued to Warren County Memorial Airport

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 proposed Order and Assessment (“Order”) to Warren County, Tennessee (“Warren County”), for alleged violation of certain provisions of the Tennessee Code addressing underground storage tanks (“USTs”). See Case No. UST 18-0118.

The Order states that Warren County is the registered owner of two UST systems located in McMinnville, Tennessee, at the Warren County Memorial Airport (“Airport”).

TDEC Underground Storage Tank Division (“Division”) personnel are stated to have conducted a compliance inspection at the Airport on June 27, 2018.

The inspection allegedly identified the following violation:

  • Failure to conduct release detection monitoring at least monthly for releases using one of the methods listed in subparagraphs (3)(d) through (i) in accordance with Rule 0400-18-01-.04(2)(a). Specifically, Tank 5A (10,000 gallon Avgas) was missing six months of release detection records. Additionally, the automatic tank gauge alarm history could not be provided at the time of the inspection.

The Order references correspondence by the Division to Warren County regarding the results of the inspection. The Division is stated to have received compliance documentation on September 20, 2018, from Warren County addressing the violation discovered at the time of the inspection. The alleged violation was deemed to have been addressed through review of this submission.

The Order assesses a civil penalty of $3,200. In lieu of the $3,200 payment, additional options are provided to reduce the penalty through early payment or undertaking UST training.

The Order provides certain rights of appeal pursuant to the Tennessee Code.

A copy of the Order can be found here.

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