United States Files Complaint Against 21 Corporations For Environmental Violations at 13 N.Y. and N.J. Gas Stations

The following press release was published by the U.S. Department of Justice, Office of the United States Attorneys on June 5, 2019. It is reproduced in full below.

Defendants Repeatedly Violated Regulations Governing Underground Storage Tanks at Gas Stations, Putting Groundwater at Risk of Contamination

CENTRAL ISLIP, N.Y. - Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Peter D. Lopez, Regional Administrator of the U.S. Environmental Protection Agency (“EPA"), announced today that the United States has filed a civil lawsuit against Genesis Petroleum, Inc., and 20 of its associated companies, (collectively, “Defendants"), for violating the Resource Conservation and Recovery Act (“RCRA") at 13 separate gas stations within the Eastern District of New York and the District of New Jersey. The violations alleged in the complaint involve Defendants’ improper management of 38 underground storage tanks at 13 of Defendants’ gas stations. These tanks typically contain gasoline and diesel fuel and can cause serious environmental damage if allowed to leak.

The lawsuit seeks injunctive relief to assure Defendants’ future compliance with RCRA and an order imposing civil penalties for Defendants’ violations of up to $16,000 per tank for each day of violation.

As alleged in the complaint filed today in federal court in Central Islip, New York, Defendants repeatedly violated RCRA and its related regulations at various times from 2012 to 2016. These violations included failing to install spill and overfill prevention equipment, failing to perform release (i.e., leak or spill) detection and failing to maintain and provide records of release detection monitoring. In some instances, Defendants failed to secure underground storage tanks that were temporarily closed, and failed to investigate or report suspected releases. In another instance, EPA inspectors observed a visibly corroded storage tank at one of Defendants’ stations. At times, Defendants also failed to cooperate with the EPA by refusing to permit station inspections and by failing to respond to the EPA’s requests for information about the underground storage tanks that they owned and/or operated.

“The Defendants’ repeated violations of the Resource Conservation and Recovery Act put groundwater at risk of contamination, potentially endangering the health and safety of residents of Nassau and Suffolk Counties in New York as well as residents of New Jersey," stated United States Attorney Donoghue. “We are committed to enforcing the laws protecting our residents from hazardous wastes and the dangers they pose."

“Failure to monitor and maintain tanks to prevent leaks can pose a serious safety risk, as the leaking underground tanks can release toxic components that can seep into the soil and the groundwater," said EPA Regional Administrator Peter D. Lopez. “These violations are all too common, and EPA is working to ensure that we hold the companies responsible for properly managing their tanks to reduce these risks where these gas stations are located."

While the violations alleged in the complaint do not pose an immediate threat to the drinking water of the areas’ residents, compliance with the RCRA’s leak prevention regulations for underground storage tanks is vital to ensure the integrity of tanks and prevent the release of petroleum product to soil and groundwater. Petroleum products such as gasoline contain chemical compounds that pose substantial threats to human health. When operated conscientiously and monitored closely, underground storage tanks are a safe and effective means to store gasoline. But when tanks are not subjected to basic operational safeguards, they can endanger the public and the environment, for example by leaking petroleum into the water supply, discharging toxic vapors into the air, or even triggering fires or explosions. EPA’s regulations under RCRA are designed to protect the public by requiring underground storage tank operators to reduce the likelihood of leaks and monitor for leaks so they can promptly be addressed.

The matter is being handled by Assistant U.S. Attorney Jolie Apicella of the United States Attorney’s Office for the Eastern District of New York, working with Lee Spielmann, Assistant Regional Counsel, EPA Region 2, and Paul Sacker, Senior Enforcement Officer, EPA Region 2.

The Defendants:

Genesis Petroleum, Inc.

Technic Management, Inc.

Gulden Inc.

2664 RT 112 Realty Corp.

607 Station Road Realty Inc.

1000 Motor Parkway Central Islip LLC

616 Broadway LLC

Freeport Realty LLC

199 E. Sunrise Highway Realty Corp.

465 Nassau Road Realty Corp.

Camlica, Inc.