Title
Consider proposed potential compliance agreement related to the underground tank system of 4G Enterprises, LLC.
Body
STAFF RECOMMENDED MOTION:
The board may make a motion regarding the proposed potential compliance agreement related to the underground tank system of 4G Enterprises, LLC for the continued operation of its underground storage tank system and requirements to achieve full compliance with EAA rules.
SUMMARY:
The purpose of this agenda item is for the board to consider a potential compliance agreement between the EAA and 4G Enterprises, LLC regarding the underground storage tanks (USTs) associated with the facility.
USTs were installed at the facility in April 1994, and the tanks are not tertiary contained. 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."
EAA staff began conversations with the facility in 2021 regarding their obligations under EAA regulations. Since that time, EAA staff has had numerous formal and informal communications regarding the deadline for the UST to be upgraded to tertiary containment or be removed from service.
Representatives for the facility contacted EAA staff inquiring as to what, if anything, the facility could do to get an extension past the April 2024 deadline. The representatives also expressed a different interpretation of EAA rule language regarding the facility’s deadline to upgrade and believe it is a later date. The facility was informed that EAA staff does not have the ability to grant an extension under EAA rules. Staff and the facility have subsequently discussed the potential of a settlement agreement that would allow limited continued operation of the tanks at the facility while maintainin...
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