Air Enforcement: Missouri Department of Natural Resources and St. Charles Retail Motor Fuel Facility Enter into Administrative Order on Consent

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

The Missouri Department of Natural Resources (“MDNR”) and Mac’s Convenience Stores LLC (“Mac’s”) entered into a February 26th Administrative Order on Consent (“AOC”) addressing an alleged violation of the Missouri Air regulations. See No. APCP-2024-015.

The AOC provides that Mac’s owns and operates a gasoline dispensing facility (“GDF”) in St. Charles County, Missouri.

The facility is denominated Circle K # 4701686 (“Circle K”).

Construction is stated to have been initiated on Circle K on June 5, 2023. This is stated to have included the construction of a new GDF with vapor recovery equipment without first submitting a Complete Replacement Construction Notification to MDNR at least 14 days before installation. MDNR’s Underground Storage Tank Compliance and Technology Unit is stated to have received an Underground Tank Installation Notification for the Circle K on June 26, 2023.

MDNR received Three-Year Vapor Recovery Test notifications for the Circle K on January 3, 2024, for the required testing due within 30 days of construction completion.

On January 4, 2024, a Complete Replacement/Construction Notification was submitted to MDNR by United Petroleum Company with a list of vapor recovery parts used.

The AOC assesses a civil penalty of $5,029.00. Such payment could be reduced to $4,023.00 if received within 30 days of the AOC.

A copy of the AOC can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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