During the last several years, inspectors observed numerous violations that directly threatened the environment under and around the fueling stations, according to the board. These violations include failure to perform monitoring within the required time period, inoperable or missing line leak detectors, failure to install or maintain UST monitoring systems or sensors, failure of the primary containment to store the hazardous substance, failure to maintain overfill prevention and liquid in the secondary containment.
The lawsuit involves six fueling facilities located in Merced and Kern Counties that are owned and/or operated by the defendants. The fueling facilities operate under the TravelCenters of America, TA and Petro brand names and provide diesel and gasoline fuel, truck repair and maintenance services, convenience stores and restaurants. The lawsuit seeks civil penalties for numerous violations documented by local and state agencies. Applying the minimum civil penalty of $500 per day for each violation, the penalties could result in the multi-millions of dollars.
This lawsuit comes on the heels of enforcement actions taken against TA by three District Attorney offices for violations of UST laws. Riverside County's District Attorney Office filed a complaint against TA on July 10, 2008. Tehama County's District Attorney Office reached a $300,000 judgment against TA on April 3, 2009, for operation and maintenance violations which led to a 900-gallon release of diesel fuel into a tributary of the Sacramento River in Tehama County. San Bernardino County's District Attorney Office reached a $980,000 judgment against TA on Dec. 17, 2009, for leak prevention violations.
Click hereto view a copy of the complaint.
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