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

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The United States Environmental Protection Agency (“EPA”) and HPT TA Properties Trust (“HPT”) entered into an August 6th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Oil Pollution Prevention Regulations (“SPCC Regulations”) under Section 311(j) of the Clean Water Act. See Docket No. CWA-03-2020-0078.

The ESA provides that HPT operates a facility known as Travel Centers of America, LLC – Richmond Travel Center #142 (“Facility”) in Ashland, Virginia.

EPA is stated to have undertaken an inspection on April 1, 2019, of the Facility to determine compliance with the Section 311(j) SPCC Regulations.

EPA is stated to have determined that the Facility is a person under Section 311(a)(7) of the Clean Water Act and did not comply with the SPCC Regulations.

The alleged violations identified during the inspection are stated to have concluded:

  • No training on the operation and maintenance of equipment to prevent discharges and/or facility operations
  • No training on discharge procedure protocols
  • No training on the applicable pollution control laws, rules and regulations, and/or SPCC Plan
  • No designated person accountable for spill prevention
  • Spill prevention briefings are not scheduled and conducted at least once a year
  • Plan has inadequate or no discussion of personal and spill prevention procedures
  • Secondary containment is inadequate for mobile or portable storage tanks
  • Plan has inadequate or no discussion of Facility transfer operations, pumping, and Facility process

A civil penalty of $1,844 is assessed.

A copy of the ESA can be downloaded here.