The Tennessee Department of Environment and Conservation (“TDEC”) and RUMI Stores, Inc. (“RSI”) entered into a May 25th Agreement and Order (“Agreement”) addressed alleged violations of the Tennessee underground storage tank (“UST”) regulations. See Case No. UST20-0068.
The Agreement provides that the facility is denominated “Kangaroo Express” (“Facility”) and is stated to be the registered owner of four USTS in Murfreesboro, Tennessee.
TDEC Division of Underground Storage Tanks (“Division”) personnel are stated to have contacted certain individuals and a compliance vendor and scheduled an inspection to be conducted at the Facility on October 23, 2019. The compliance inspection is stated to have identified the following violations:
The results of the compliance inspection were sent to RSI on or about November 12, 2019. A compliance date for addressing the alleged violations was subsequently extended.
Division personnel are stated to have received compliance documentation on or about December 26, 2019, from RSI. The following documentation was received:
As to remaining compliance issues, the following documentation was requested by Division personnel:
Mr. Bruce Hill (compliance vendor) indicated that the Submersible Turbine Pump for the relevant tank did not have power and the line leak detector could not be tested. However, he also stated that the tank would be emptied to less than an inch and the relevant Notification Form submitted. Secondary containment sumps are stated to have been removed.
Division personnel also subsequently contacted Mr. Bruce Hill regarding release detection test results for Tank 3A.
On March 26, 2020, additional violations were cited:
The Agreement states that RSI has performed all actions necessary to correct the outstanding violations and bring the Facility into full compliance with regulatory requirements. Further, RSI is stated to have provided the Division with documentation of the corrective action performed to establish a return to full compliance.
A civil penalty of $18,000 is assessed. However, RSI is only required to pay a civil penalty in the amount of $3360 unless one of the events specifically identified in the Agreement occurs. Further, RSI is also required to attend TDEC’s Tank School and reimburse the Division $210 for expenses incurred.
A copy of the Agreement can be downloaded here.
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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