The Tennessee Department of Environment & Conservation Division of Underground Storage Tanks (“Division”) issued a Proposed Order and Assessment (“Order”) to South Broad Fueling Systems, LLC (“South Broad”) addressing an alleged violation of the Tennessee Underground Storage Tank (“UST”) rules. See Case No. UST21-0133.
According to the Order, South Broad is the registered owner for five USTs in Chattanooga (Tennessee).
The USTs are stated to be located at Jat Oil Terminal (“Terminal”).
According to the Order, Division personnel carried out a compliance inspection of the Terminal on May 5, 2020. The Order claims that three violations were discovered during the inspection.
- Failure to conduct an annual line tightness testing or proper monthly interstitial monitoring according to the applicable rules
- Failure to test integrity of containment sumps monitored using interstitial sensors three times a year in accordance to the applicable rules
- Failure to use spill prevention systems that will prevent petroleum from being released to the environment after the transfer hose has been removed in accordance to the applicable rules
According to the Division personnel, they sent a Results Of Compliance Inspection to Mr. Kaiser on May 13, 2021. According to reports, Mr. Kaiser sent an email on or around June 2, 2021 that addressed the violations and included:
- The service provider company First Choice Services, Inc. provided a work invoice for the work done at the facility.
- Chuck Dickerson of First Choice Services conducted an annual electronic interstitial monitor test report on May 14, 2021. This confirmed that the STPs will shut down when the sensors are activated. However, sensor L18 wasn’t included in the testing.
- A copy the May 2021 monthly electronic interstitial monitor alarm report, with the sensor statuses as well as the sensor alarm history.
On July 19, 2021, the Division received an email from Mr. Kaiser containing an electronic interstitial monitoring report. On August 9, 2021, Mr. Kaiser sent an email containing compliance documentation and a spill-bucket integrity testing hydrostatic test form. A third email was sent by Ms. Hillian to the Division about a three-year containment sump strength test report.
The proposed Order’s letter also lists as a violation failure to perform an annual line tightness test, or properly monitor interstitial fluids in accordance with the regulations.
Rule 0400-18-01-.04(2)(b)1.(ii).
A civil penalty of $4,000 would be assessed. Additionally, there are training options available that could result in a reduction in the penalty amount.
Certain appeal rights are available under the Order.
You can download a copy of the Order Here.