UST Violations Result in Fines for 3 New Jersey Retailers

Companies in New York, U.S. Virgin Islands also settle with EPA
Photograph: Shutterstock

The U.S. Environmental Protection Agency (EPA) has taken actions against several corporate entities—including convenience-store retailers Wawa, ADPP Enterprises and APM Management—operating in New Jersey, New York or the U.S. Virgin Islands to address alleged violations of federal laws regarding the maintenance and operation of underground petroleum storage tank systems.

In separate settlements, the companies have agreed to comply and pay penalties. 

New Jersey

ADPP Enterprises Inc. and APM Management Inc., operators of 13 gas stations in New Jersey, settled a case with the EPA for violating federal rules on USTs storing gasoline or diesel fuel. The EPA discovered that the gas stations failed to comply with spill prevention, leak detection, inspection and record keeping requirements for USTs between 2018 and 2020. The Mahwah, New Jersey-based gas station owners have agreed to pay a $175,000 penalty and certify their compliance with the UST rules at their facilities. 

Wawa Inc. has settled with the EPA for violating federal regulations on USTs containing gasoline or diesel fuel. Following inspections at nine Wawa facilities in February and March of 2022, EPA determined that the company had failed to meet operator training, record keeping and leak detection requirements for USTs. Wawa, Pennsylvania-based Wawa has agreed to pay a civil penalty of $26,500 and certify its compliance with UST regulations at its facilities, the EPA said. 

New York

The EPA found Dutchess Terminals Inc., ANK Realty Inc. and Fair Oak Inc., three companies that own and operate USTs storing gasoline or diesel fuel at 11 facilities across the state of New York, in violation of federal rules on financial responsibility, leak detection, spill prevention and UST inspection requirements between November 2017 and April 2019. The companies have agreed to pay a $150,000 penalty and certify their compliance with the UST rules at their facilities.  

U.S. Virgin Islands

AT&T Transoceanic Communications LLC, which owns and operates underground tanks storing fuel for emergency power generators at 28 facilities in New York, New Jersey and the U.S. Virgin Islands, violated federal rules on spill prevention, inspections and operator training at three of its facilities in the U.S. Virgin Islands, which EPA inspected in 2022. The company has agreed to pay a $40,000 penalty and conduct a comprehensive audit of its compliance with all UST rules at its New York and New Jersey facilities. 

“EPA’s requirements are designed to ensure proper maintenance of underground storage tanks. When these tanks are not properly maintained, they can leak and put people and the environment at risk," said EPA Regional Administrator Lisa Garcia. “EPA takes these requirements very seriously and owners will face penalties if they do not comply.”

Approximately 542,000 underground storage tanks nationwide store petroleum or hazardous substances. The greatest potential threat from a leaking UST is contamination of groundwater, the source of drinking water for nearly half of all Americans. EPA, states, territories, and tribes work in partnership with industry to protect the environment and human health from potential releases.

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