Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Gallatin Facility Enter into Settlement Agreement

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

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The Tennessee Department of Environment and Conservation (“TDEC”) and Eiffel, LLC, (“Eiffel”) entered into a May 9th Settlement Agreement (“Agreement”) addressing alleged violations of the Tennessee Underground Storage Tank (“UST”) regulations.

The Agreement provides that Eiffel is the registered owner of three USTs located in Gallatin, Tennessee.

A Director’s Order and Assessment is stated to have been issued by TDEC that required corrective action and assessed $14,400 in civil penalties. See UST 19-0054 (“Order”).

The Order is stated to have become final and a full civil penalty assessed became due.

Violations of the UST regulations were stated to have been discovered during an inspection which included:

  • Failure to conduct tank release detection monitoring
  • Failure to conduct annual line tightness test
  • Failure to keep records of monthly spill bucket inspections
  • Failure to keep records of quarterly dispenser systems
  • Failure to install and provide an adequate overfill prevention system
  • Failure to install additional system parts
  • Failure to test line leak detectors annually

TDEC’s Division of Underground Storage Tanks (“Division”) has confirmed that Eiffel has corrected the violations alleged in the Order.

The Division is stated to have received documentation demonstrating the facility returned to operational compliance as of December 19, 2022.

The Agreement requires that Eiffel pay a civil penalty of $14,400 in installments. Further, Eiffel is required to:

  • Attend and complete the Division’s Underground Storage Tank Training Class
  • Not allow any operator retraining violations to occur at the facility for a period of one year from the effective date of the Agreement.

A copy of the Agreement can be downloaded here.

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