Title
Consider recommendation from EAA staff to refer to General Counsel an enforcement matter against 7-Eleven, Inc. and Sonnahr Enterpises, Inc., for violations of EAA rules, and authorize General Counsel to file a civil suit, if necessary.
Body
STAFF RECOMMENDED MOTION:
Move the board refer to counsel an enforcement matter against 7-Eleven, Inc. and Sonnahr Enterprises, Inc., for failure to meet certain underground storage tank rules in Subchapter G (relating to Aboveground and Underground Storage Tanks) of Chapter 713 (relating to Water Quality) of the EAA Rules, and to authorize counsel to take all steps necessary to resolve such matter, including the filing of a civil suit.
SUMMARY
The purpose of this agenda item is for the board to consider an EAA staff recommendation to authorize the General Manager to refer to General Counsel the alleged violations of EAA rules and authorize General Counsel to file a civil suit, if necessary, against the 7-Eleven, Inc. and Sonnahr Enterprise, Inc. (convenience store and gasoline station) located at 1815 State Highway 46-west in New Braunfels (“the facility”) for on-going violations of underground storage tank (UST) rules. Based on forms submitted to the EAA, 7-Eleven, Inc. is identified as the owner of the three facility USTs, and Sonnahr Enterprises, Inc. is the designated operator of the facility.
According to the storage tank registration form submitted for the facility, the USTs were installed at the facility in March 1989 and that the tanks are not tertiary contained (3 X 10,000 gallon USTs that contained diesel, super, and regular unleaded gasoline). Section 713.607 (c) of the EAA’s rules indicates that “Irrespective of any other provision in these rules, thirty years from the date of the installation of a UST system, all UST systems located on the recharge zone shall:
(1) incorporate a method of tertiary containment through the major modification process; or
(2) remove the UST from service."
In addi...
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