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U.S. Attorney Richard Donoghue announced this week that the United States has filed a civil lawsuit against Genesis Petroleum, Inc., and 20 of its associated companies for violating the Resource Conservation and Recovery Act (RCRA).
According to the complaint, the violations allege that each of the gas stations improperly managed 38 underground storage tanks at the gas stations. Donoghue said the tanks typically contain gasoline or diesel fuel and can cause “serious environmental damage if allowed to leak.”
The stations charged allegedly repeatedly violated the RCRA between 2012 and 2016. The violations included failing to install spill and overfill prevention equipment, failing to perform release detection and failing to maintain or provide records of release detection monitoring.
“In some instances, (the) defendants failed to secure underground storage tanks that were temporarily closed, and failed to investigate or report suspected releases,” Donoghue said. "In another instance, EPA inspectors observed a visibly corroded storage tank at one of defendants’ stations.
At times, the owners at the stations in question also failed to cooperate with the EPA by refusing to permit station inspections and failed to respond to the EPA’s requests for information about the underground storage tanks that they owned and/or operated.
The lawsuit seeks to impose a $16,000 fine per tank for each day of violation.
Donoghue noted that there is no immediate threat to drinking water in the alleged offenders’ neighborhoods, but “compliance with the RCRA’s leak prevention regulations for underground storage tanks is vital to ensure the integrity of tanks and prevent the release of petroleum product to soil and groundwater.“
“Petroleum products such as gasoline contain chemical compounds that pose substantial threats to human health,” the U.S. Attorney said. “When operated conscientiously and monitored closely, underground storage tanks are a safe and effective means to store gasoline.
“But when tanks are not subjected to basic operational safeguards, they can endanger the public and the environment by leaking petroleum into the water supply, discharging toxic vapors into the air, or even triggering fires or explosions. EPA’s regulations under RCRA are designed to protect the public by requiring underground storage tank operators to reduce the likelihood of leaks and monitor for leaks so they can promptly be addressed.”
EPA Regional Administrator Peter Lopez added, “failure to monitor and maintain tanks to prevent leaks can pose a serious safety risk, as the leaking underground tanks can release toxic components that can seep into the soil and the groundwater. These violations are all too common, and EPA is working to ensure that we hold the companies responsible for properly managing their tanks to reduce these risks where these gas stations are located.”
The Long Island gas stations in violation are located at:
- 2664 Route 112 in Medford;
- 607 Station Road in Bellport;
- 87 North Country Road in Miller Place;
- 616 Route 110 in Amityville;
- 6077 Jericho Turnpike in Commack;
- 199 E. Sunrise Highway in Freeport;
- 131 West Merrick in Freeport;
- 465 Nassau Road in Roosevelt;
- 261 East Merrick Road in Freeport;
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