Posted by: Lawyer Sanders | July 8, 2008

U.S. EPA and U.S. DOJ fine Arizona defendants $55K for failing to report RCRA spill.

The U.S. Department of Justice lodged a proposed consent decree in United States v. John B. Knight, Jr.; Robert D. Brown; National Petroleum Marketing, Inc.; Sunwest Express, Inc.; and Navajo Trails, Inc., Civil No. CIV-04-0626-PHX-JWS, in the United States District Court for the District of Arizona.   The Consent Decree resolves claims asserted by the United States in a complaint filed on March 30, 2004, against the settling defendants for civil penalties under the Resource Conservation and Recovery Act, 42 U.S.C. 6991-6992, for failure to conduct corrosion tests every three years; failure to report a suspected release within twenty-four hours; failure to investigate suspected releases within seven days; failure to monitor tanks every thirty days; failure to utilize a valid release detection method; failure to provide adequate release detection for piping; failure to maintain financial responsibility; and failure to respond to information request letters.  The proposed Consent Decree provides for the payment to the United States of $55,000 in civil penalties.

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