In December 1988, the [image-nocss] defendants removed seven underground storage tanks (USTs) on the station property. A state inspection at the time concluded that a release of petroleum had occurred prior to or during the removal of the tanks. In the years that followed, the defendants failed to take corrective actions to remedy potential contamination to soil and groundwater surrounding the site and repeatedly filed deficient reports with the state, the AG said.
"For two decades the defendants in this case have refused to fully investigate and correct the problems on this site caused by the release of petroleum," Cordray said. "This agreement takes the much-needed step forward toward resolving the environmental problems and protecting the health of nearby residents."
"Because of the lack of aggressive corrective action and because of the environmental sensitivities, the Division of State Fire Marshal deemed this a priority for enforcement," said Interim State Fire Marshal Donald C. Cooper.
"Englefield Oil Co. regrets that the State of Ohio thought a lawsuit was necessary," company spokesperson Terry Swartz told CSP Daily News. "The principle activities resulting in the lawsuit occurred more than a decade ago and relate to the allegedly late or deficient submission of reports by our consultants. This property was acquired with the environmental issues unknown at the time of the purchase. Englefield Oil and its consultant do not believe the site at issue has caused any off-site environmental concern."
He added, "Due to this state action, Englefield Oil has conducted an extensive review of its property under remediation to ensure compliance with all reporting and remediation obligations to the state. Englefield Oil has operated gas stations for almost 50 years and currently operates over 150 locations with underground tanks and has an excellent environmental record. Englefield Oil has always taken its environmental responsibility seriously and regrets that this action has occurred."
The agreement, filed in the Marion County Court of Common Pleas, requires the defendants to take the appropriate steps to clearly define the extent of groundwater contamination and implement corrective actions. In addition to the $161,550 civil penalty, the defendants are subject to a graduated scale of daily, stipulated penalties if they fail to meet the agreed-upon deadlines for corrective actions.
Heath, Ohio-based Englefield Oil Co. currently operates 100 Duke & Duchess Shoppes, 31 ampm stores, 15 Pacific Pride cardlocks and several petroleum, lube oil and bulk lubricant facilities.
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