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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.| Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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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”) and Hickory Star Restaurant & Marina, LLC (“Hickory Star”) entered into an April 18th Settlement Agreement and Order (“Agreement”) addressing alleged violations of the Tennessee underground storage tank (“UST”) regulations. Case No. UST 21-0169

The Agreement provides that Hickory Star is the registered owner of one UST system (“Facility”) located in Maynardville, Tennessee.

TDEC Division of Underground Storage Tanks (“Division”) personnel are stated to have performed a compliance inspection at the Facility on June 8, 2021. According to the inspection, the following violations were found:

  • Failure to perform an annual line tightness or monthly monitoring on pressurized under piping
  • Failure to test the line leak detectors annually according to the Division’s guidelines and manufacturer’s instructions
  • Failure to test the cathodic protection system every three years
  • Failure to conduct at least monthly release detection monitoring

Hickory Star replied to the Division’s correspondence on September 14, 2021. It contained correspondence that addressed violations alleged at the time of inspection. On May 27, 2021, a precision line tightness and line-leak detector test were performed. These tests confirmed that the first two violations had been corrected. The Division was also reported to have received correspondence from September 30, 2021 containing compliance documentation. This correspondence addressed alleged violations. It stated that an impressed current cathodic protective test on September 23, 2021 indicated that a tank had failed and was not sufficiently protected from corrosion.

The previously mentioned alleged violation #3 was modified.

$7,440 in civil penalties are assessed. Hickory Star must fulfill certain requirements, such as training or addressing the corrosion protection system.

Download a copy the Agreement Here.

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