Two Retailers Face UST Fines

EPA files complaint against Kwik Fill, settles with NOCO

NEW YORK -- The U.S. Environmental Protection Agency has issued or settled legal complaints to two convenience store owners and operators in New York State for allegedly violating federal regulations.

The first complaint, which seeks $42,295 in penalties, was issued to United Refining Co., Warren Pa., for violations at its Kwik Fill stations in Dunkirk, Westfield, Jamestown, Fredonia and Rochester, New York. The complaint involves violations at 17 underground storage tanks at six gasoline stations in Western New York.

In addition to paying penalties, the complaint requires the facilities to come into full compliance with the environmental regulations, according to the EPA.

The complaint alleges the company failed to:

  • Upgrade piping at one service station.
  • Keep adequate records of corrosion protection at one service station.
  • Ensure equipment was running properly at one service station.
  • Keep adequate records of release detection monitoring at three service stations.

The law authorizes the EPA to seek between $11,000 and $16,000 per tank for each day a violation exists.

In a separate action, the EPA reached an agreement with NOCO Energy Corp., Tonawanda, N.Y., to settle violations involving 39 underground storage tanks at 13 stations in the Buffalo area and in Rochester. Under the terms of the agreement, NOCO will pay the EPA $14,000 and has agreed to operate its underground tanks in full compliance with the law.

“When underground tanks are not properly maintained, ground water can be contaminated, putting people’s health and the environment at risk," said EPA regional administrator Judith A. Enck. "Gas station owners have a legal obligation to maintain underground tanks so pollution does not damage the community.”