Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing Covington, Tennessee Operator

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

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The Tennessee Department of Environment and Conservation (“TDEC”) issued a June 18th Proposed Order and Assessment (“Order”) to Diamond Investments of TN Inc. (“Diamond”) addressing an alleged violation of underground storage tank (“UST”) regulations. See Case No. UST 24-0256.

The Order provides that Diamond is a registered owner of three USTs at a facility in Covington, Tennessee.

The referenced name of the facility is “C-Mart”.

TDEC Division of Underground Storage Tanks (“Division”) is stated to have performed a compliance inspection at the facility on May 10, 2024.

Violations were stated to have been identified, of which the following have not been addressed:

  • Failure to have one or more petroleum UST systems to have one or more persons designated as Class A, Class B, or Class C operators.

A results of compliance inspection – action required letter was sent to Diamond on May 13, 2024. Additional letters are stated to have been sent citing the violations and the facility’s alleged failure to return to compliance.

The alleged failure to meet these deadlines is stated to have violated Rule 0400-18-01-.03(2).

The Order states that if Diamond fails to comply or file an appeal within the relevant timeframes, the facility will be placed on Delivery Prohibition list. Further, a civil penalty of $4,560.00 is proposed. In addition, Diamond is required to perform all actions necessary to correct the outstanding violations and to bring the facility into full compliance with regulatory requirements.

The Order provides certain appeal rights.

A copy of the Order can be downloaded here.

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