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The Tennessee Department of Environment and Conservation (“TDEC”) issued a September 3rd Order and Assessment (“Order”) to Everhart Transportation, Inc. (“ETI”) for alleged violation of the Tennessee Underground Storage Tank Regulations. See Case No. UST19-0070.
The Order provides that ETI is the registered owner of an underground storage tank (“UST”) in Greenville, Tennessee.
TDEC Underground Storage Tank Division (“Division”) personnel are stated to have contacted ETI personnel on April 12, 2019, to schedule a compliance inspection. A compliance inspection was performed on April 23rd. Such inspection allegedly discovered the following violations:
- Violation #1: Failure to conduct annual line tightness test or do monthly monitoring on pressurized underground piping in accordance with Rule 0400-18-01-.04(2)(b)1(ii). Specifically, at the time of inspection, results of an annual line tightness test for the pressurized piping associated with Tank #8A (20,000 gallon diesel) was not available for review.
- Violation #2: Failure to test line leak detectors annually in accordance with Rule 0400-18-01-.04(4)(a). Specifically, at the time of inspection, results of a line leak detector function test for the pressurized piping associated with Tank #8A (20,000 gallon diesel) was not available for review.
Division personnel are stated to have sent a Results of Compliance Inspection to ETI on April 29. Documentation was requested to demonstrate compliance had been achieved.
The Division is stated to have received compliance documentation addressing the discovered violations. This was stated to have included a passing precision line tightness test and line leak detector function test conducted on May 16. The documentation confirmed that the violations discovered during the inspection had been addressed.
A civil penalty of $2,000 is assessed. However, additional options to reduce the penalty are provided.
The Order provides ETI certain appeal rights.
A copy of the Order can be downloaded here.
