Breon Peace, United States Attorney in the Eastern District of New York, and Lisa Garcia, Regional Administrator of U.S. Environmental Protection Agency Region 2, announced that the United States entered into a Consent Judgment to settle a civil suit against Genesis Petroleum, Inc. and 20 related companies (Defendants) for violating the Resource Conservation and Recovery Act. This was in connection with their ownership and operation of underground storage tanks at 13 gas stations in New York and New Jersey. The Consent Judgment obligates the Defendants, to detect any leakage of petroleum product from USTs and to implement other safety precautions at their facilities in New York, New Jersey. The settlement also requires the Defendants be subject to a civil penalty of $250,000.
Genesis Petroleum flagrantly ignored legal requirements that were meant to protect the safety and health in the communities where it operates gas stations. United States Attorney Peace stated that underground storage tanks can leach into drinking water supplies and pollute the groundwater and soil. They also have an impact on indoor airspaces. This settlement reaffirms that this Office is committed to protecting public health, preserving the natural environment, and promoting justice for the environment in partnership with the EPA.
The settlement will protect communities in New York and New Jersey by greatly improving the management of underground storage tanks by these businesses, stated Garcia, EPA Regional Administrator. Underground storage tanks that leak can cause groundwater contamination. The risk can be even greater if they are not maintained and operated according to EPA regulations. Underground storage tanks are vital business infrastructure, and essential for fueling vehicles. However if they are not properly maintained and repaired, communities and the environment could be at risk of hazardous substances leaching from them.
The chemical compounds in petroleum products like gasoline pose a significant threat to human health. USTs are commonly used for gasoline storage at service stations. USTs can be a safe and efficient way to store gasoline if they are properly maintained and controlled. If these tanks are not maintained with basic operational safeguards, they can pose a risk to the public and the environment. They can leak gasoline into the water supply, release toxic vapors into air, or even cause fires or explosions.
RCRA’s EPA regulations are designed to protect the public. They require underground storage tank operators reduce the risk of leaks, monitor them for potential leaks so they can be addressed promptly, and maintain adequate insurance to corrective action and compensate any third parties that may be hurt should a leak occur.
The Consent Judgment, subject to public comment, and approval by the District Court, resolves a suit filed by the United States on June 2019, alleging that the Defendants repeatedly violated RCRA, related regulations, at various times between 2012 – 2016 in respect to their ownership or operation of underground storage tank at 13 gas stations. Twelve of the Defendants’ facilities are located in low income areas or communities of color that are disproportionately exposed to environmental burdens.
The United States claims the Defendants failed take required actions, including:
- Failure to install and use spill prevention equipment in three facilities
- Failure to use the overfill prevention equipment at all three facilities
- Failure to provide release detection for underground tanks at three facilities
- Failure to provide release detection at six facilities for pressurized pipes
- Failure to test automatic line leak detectors in nine facilities
- Failure to report suspected releases at the three facilities
- Failure to detect releases from underground storage tanks temporarily closed that still contained more than 3 feet of petroleum products in one facility
- Failure to provide timely records of release detection monitoring at ten sites;
- Failure to respond promptly to information requests from EPA at 13 facilities
- Failure to maintain financial responsibility or evidence of financial responsibility at seven institutions.
Defendants are required by the Consent Judgment to comply with the regulations pertaining to USTs for all tanks located at 29 facilities in New York or New Jersey. The Consent Judgment demands that Defendants implement significant measures to ensure compliance. These include performing inspections, maintaining and operating a federally-approved release detection method at underground storage tanks at the facilities, maintaining a properly functioning overfill prevention system for new tank, and reporting semi-annually to the EPA.
The Consent Judgment shall be filed with the District Court within a minimum of 30 days. Notice of the Consent Judgment in the Federal Register will be published before the Consent Judgement can be submitted for approval by the Courts. Members of the public will have the opportunity to comment on the Consent Judgment to the Department of Justice.
In June 2021, the United States Attorneys Office of Eastern District of New York created an Environmental Justice Team within their Offices Civil Division. The Environmental Justice Team focuses on protecting the rights of Eastern District residents who are disproportionately affected by environmental or health hazards.
This matter is being dealt with by Assistant U.S. Attorneys Jolie Alpicella and Paulina Stanamatelos assisted by Mary Ellen Buntin, a Paralegal Specialist at the United States Attorneys Office in the Eastern District of New York. Together with Lee Spielmann (Assistant Regional Counsel, EPA Région 2) and Hiep Tran (Enforcement Officer, EPA Area 2), this matter is being handled by Assistant U.S.
E.D.N.Y. Docket No. 19-CV-3340 (JS)
The Defendants
Genesis Petroleum, Inc.
Technic Management, Inc.
Gulden Inc.
2664 RT112 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.
Realty Corp., 465 Nassau Road
Camlica, Inc.
Kucukbey Corp.
North Country Road Realty LLC
Elizabeth NJPO LLC
Elizabeth NJPG LLC
Perth Amboy NJPO LLC
Perth Amboy NJPG LLC
Newark NJPO LLC
Newark NJPG LLC
North Bergen NJPO LLC
North Bergen NJPG
Gas Stations in Complaint
2664 Route 11, Medford, New York
607 Station Road, Bellport (New York)
87 North Country Road Miller Place, New York
616 Route 110, Amityville, New York
6077 Jericho Turnpike, Commack, New York
199 E. Sunrise Highway, Freeport, New York
131 West Merrick, Freeport (New York)
465 Nassau Road, Roosevelt, New York
261 East Merrick Road Freeport (New York)
507 Bayway Avenue, Elizabeth, New Jersey
163 Fayette Street, Perth Amboy, New Jersey
66-80 Bloomfield Avenue Newark, New Jersey
8012 Tonnelle Avenue, North Bergen, New Jersey
Gas Stations are subject to the Consent Judgment
2664 Route 11, Medford, NY
607 Station Road, Bellport NY
87 North Country Road Miller Place NY
616 Route 110 (Broadway Road), Amityville NY
199 East Sunrise Highway, Freeport, NY
131 West Merrick Road Freeport NY
465 Nassau Road, Roosevelt, NY
Bellport, NY 11 Station Road
315 Route 11, Port Jefferson, NY
1575 Route 112, Port Jefferson (NY)
4290 Austin Blvd. Island Park, NY
303 Maple Avenue in Smithtown NY
2394 Boston Post Road, Larchmont, NY
2149 Boston Post Road, Larchmont, NY
747 Main Street, New Rochelle, NY
8012 Tonnelle Avenue, North Bergen, NJ
2 Marlton Pike W Cherry Hill, NJ
4915 Route 130 & Browning Road Pennsauken, NJ
1422 W. Landis Avenue Vineland NJ
520 E. Commerce Street Bridgeton, NJ
3731 Bay Shore Road Lower Township NJ
515 S. Pennsville–Auburn Road Carneys Point NJ
632 2nd Avenue Long Branch NJ
Randolph, NJ, 379 Quaker Church Road
Camden, NJ, 1839 Admiral Wilson Blvd.
509 Route 47S Cape May, NJ
1651 Route 38 & 464, Pine Street, Mount Holly (NJ)
615 Pearl Street N. Bridgeton, NJ
3422 S. Delsea Drive Vineland NJ