The Tennessee Department of Environment and Conservation (“TDEC”) issued a proposed Order and Assessment (“Order”) addressing trust fund eligibility and alleged violations for Ziptron Energy, Inc. (“ZEI”), related to the Tennessee Underground Storage Tank (“UST”) rules. See Case No. FDA22-0019.
The facility is referenced as the Tobacco Outlet and is stated to be the registered owner of five UST systems in Crossville, Tennessee.
TDEC Division of Underground Storage Tanks (“Division”) personnel are stated to have conducted a compliance inspection at the Crossville facility on February 28th. The following violations were allegedly discovered:
During the inspection, Division personnel are also stated to have observed product in the regular unleaded sump. Discovery of this product is stated to be considered a suspected release that was reported onsite at discovery.
On April 12th Division personnel are stated to have received a CP test and passing LLD and line tightness test results for the regular unleaded line by email. This documentation verified violation #1 had been addressed and partially addressed violations #2 and #5.
April 28th analytical reports are stated to have showed groundwater samples were over drinking water initial screening levels for benzene and naphthalene. These results are stated to have confirmed the suspected release that was reported on February 28th
Division personnel are stated to have received an Application for Trust Fund Eligibility from ZEI on May 23rd for the confirmed release.
On July 21 Division personnel received additional documents and correspondence from ZEI addressing alleged violations.
Additional violations subsequently cited included:
Division personnel reviewed ZEI’s Application for Trust Fund Eligibility and determined that it did not meet the requirements for the minimum deductible for the release due to:
As a result, the Order places the deductible for the release at $20,000.
The Order requires that ZEI perform all actions necessary to correct outstanding violations and document such activities. Further, it requires that ZEI register to attend certain UST operator training.
A civil penalty of $58,400 is proposed to be assessed.
The Order provides ZEI certain appeal rights.
A copy of the Order can be found 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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