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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.| Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.| Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Tennessee Department of Environment and Conservation (“TDEC”) issued a November 3rd Proposed Order and Assessment (“Order”) to 5984 Stage, LLC (“Stage”) addressing alleged violations of the Tennessee Underground Storage Tank (“UST”) regulations. See Case No. UST 21-0189

The Order provides that Stage is the registered owner of three USTs in Bartlett, Tennessee (“Facility”).

The Order as Kangaroo Express #102 designates the Facility.

TDEC Division of UST personnel (“Division”) are stated to have contacted Stage’s contractor on December 21, 2020, to schedule a compliance inspection on January 6th. This compliance inspection was conducted on January 26th, with a follow up inspection on February 4th.

According to the inspection, the following violations were found:

  • Failure to keep a log of monthly inspections at spill catchment basins over 12 months
  • Failure to keep a log for the last 12 month of visual inspections of seeps or drips after removing dispenser cover
  • Failure to test leak detectors on line every year
  • Failure to monitor tanks at minimum monthly
  • Failure to provide a method of detecting leaks that meets performance requirements for tanks

The Order provides that on February 9th Division personnel sent a Results of Compliance Inspection – Action Required letter to Stage regarding the alleged violations with required follow-up correspondence on March 12th. Stage was sent a Follow-up letter and an Enforcement Action Notice letter on April 16th.

According to some reports, Division personnel received documents on April 19th in order to address certain violations. Documents received:

  • Annual Electronic Interstitial Monitoring Test Report was conducted on February 24, 2021 (addressing violation #5)
  • Precision Line Tightness and Lead Detector Test Report – February 24, 2021 (addressing violation #3)

According to an enforcement review, another violation was found. This included failure to perform annual line tightness tests or monitor pressurized underground pipe. An alleged failure to reply has resulted in another violation being added to the compliance due date on June 24th. This violation is a failure to cooperate with Division by failing to provide documents or testing records, or monitoring records.

On August 8th, Division personnel were reportedly provided with additional documentation to address some of the violations.

  • Monthly Spill bucket Inspection Log September 2020-August 2021 (addressing Violation #1).
  • Quarterly Dispenser Inspection Log, September 14, 2020, and March 10, 2021 (addressing Violation 2)

Monthly Electronic Interstitial Monitoring Alarm Reports were also received for September 2020 through August 2021. The Order states that they did not contain the required Liquid Status Report (except for September and October 2020) nor Alarm History Report attachments. According to the System Status Report, dated November 9, 2020 it indicated that there was a Fuel Alarm from the Premium Submersible Turbine Turbine Pump sump. It is claimed that the Fuel Alarm was not addressed by any investigation or repair records.

See Also

Violation #4 & Violation #6 are not being addressed.

The Order states that Stage must comply with the Order and/or file an appeal within a certain time frame. In this case, the Facility will be placed onto the Delivery Prohibition List. Fill ports and dispensers will then be red tagged until compliance. Additional actions must be taken in order to correct any violations not corrected by the Order.

A civil penalty of $32,120 has been proposed.

The Order gives you certain appeal rights.

You can download a copy of the Order here.

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