Storage Tank Enforcement: U.S. Environmental Protection Agency and Washington, D.C. Department of Corrections Enter into Consent Agreement

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

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The United States Environmental Protection Agency (“EPA”) and Washington, D.C. Department of Corrections (“D.C.”) entered into a June 10th Consent Agreement (“CA”) addressing alleged violations of the federal Underground Storage Tank (“UST”) regulations. See Docket No. RCRA-03-2025-0093.

The CA provides that D.C. is the owner/operator of a UST located at 1901 E Street SE in Washington, D.C.

The UST is described as a 4,000-gallon tank that contains diesel and was installed on or about January 1, 1998, that supplies an emergency generator.

EPA is stated to have requested documentation from D.C. via an Off-Site Compliance Monitoring Letter on February 21, 2024, to determine its compliance with RCRA Subtitle I and the Washington, D.C. UST regulations. EPA is stated to received responses from D.C. on March 20, 2024; April 2, 2024; and April 15, 2024.

The following violations are alleged in the CA:

  • Failure to Conduct Tank Release Detection.
  • Failure to Perform 30-Day Walkthrough Inspections.
  • Failure to Perform Annual Walkthrough Inspections.
  • Failure to Perform Piping Release Detection.
  • Failure to Conduct Functionality Testing of the Overfill Equipment.
  • Failure to Maintain Records of Operator Training.

A civil penalty of $71,910.00 is assessed.

A copy of the CA can be downloaded here.

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