Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Memphis 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 Bass Brothers Enterprises, Inc. (“BB”) entered into a September 20th Settlement Agreement and Order (“Settlement”) addressing alleged violations of the Tennessee Underground Storage Tank (“UST”) regulations. See Case No. UST24-0134.

The Settlement provides that Bass Brothers is the registered owner of two UST systems in Memphis, Tennessee.

TDEC Division of Underground Storage Tanks (“Division”) personnel are stated to have performed a compliance inspection at the facility. The inspection is alleged to have identified thirteen violations.

The Division is stated to have sent multiple letters between November 29, 2023, to March 11, 2024, that cited the alleged violations discovered during the inspection and the facility’s failure to return to compliance.

The facility is stated to have addressed some of the violations discovered in the inspection and failed to correct others. This resulted in an Order that assessed a $15,600.00 penalty, required remedial action, and ordered Bass Brothers to complete operator retraining.

After the Order was issued, Bass Brothers submitted documentation to the Division showing that the outstanding violations set forth in the Order were addressed. Therefore, the Settlement provides that Bass Brothers has now addressed the violations set forth in the Order.

The Settlement provides that Bass Brothers shall not allow any operator retraining violations (as listed in Exhibit A attached to the Settlement) to occur at the facility for a period of one year from the effective date of the Settlement. Further, a civil penalty totaling $15,600.00 is assessed.

A copy of the Settlement can be downloaded here.

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