The case stems from the alleged failure of Robert M. Duncan and Dover, Del.-based Duncan Petroleum to comply with the regulations governing USTs at Duncan's 17 stations in Delaware and Maryland and for failing to perform compliance [image-nocss] tasks under a 2006 consent agreement. Duncan had agreed to complete the tasks in order to bring five of the Maryland stations into compliance with the UST regulations.
"These defendants violated their obligation to bring several large [USTs] into compliance with the law," said Ignacia S. Moreno, assistant attorney general for the Justice Department's Environment & Natural Resources Division. "The precedent-setting $2 million civil penalty that they will pay in this settlement is appropriate in light of the unacceptable risk created by their misconduct."
Robert Duncan will pay a $2 million penalty for these violations on or before Dec. 15, 2010, plus interest beginning on August 2, the date the stipulation and order was filed with the court.
The civil judicial complaint was filed on Dec. 17, 2008, under the Resource Conservation & Recovery Act alleging violations of Delaware and Maryland UST regulations requiring that owners and operators of petroleum UST systems provide release detection for USTs, provide release detection for underground piping, provide and annually test line leak detectors, provide overfill protection, investigate and report suspected releases, provide and test cathodic protection systems, inspect impressed current protection systems and maintain corrosion protection on out-of-service UST systems.
The company failed to comply with one or more of these requirements at each of the facilities.
The eight Delaware stations were located in Seaford, Bridgeville, Rehoboth, Dover, and Camden. In Maryland, there were nine locations in Salisbury, Snow Hill, Cambridge, Chestertown, Easton, Federalsburg and Preston.
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