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Issue Date: CSP Daily News, November 23, 2009


Station Receives Penalty for UST Violations
Del. natural resources department issues notice of $50,605
  - ADVERTISEMENT -
BEAR, Del. -- Delaware Department of Natural Resources & Environmental Control Secretary Collin O'Mara has issued a notice of administrative penalty assessment and secretary's order to the owners of the Glasgow CITGO for violations of Delaware's underground storage tank regulations. The order includes a cash penalty of $50,605 and an additional $7,591 as cost recovery reimbursement for the department's expenses associated with its investigation.

Kathy Galvin, president of Glasgow Getty Inc., and Ralph Estep, president of Brackenville Properties Inc., are the owners of the retail gas station, Glasgow CITGO in Bear, Del. The station has three active underground storage tanks and was originally inspected by the department in April 2006.

Inspectors noticed several violations of the Delaware regulations governing underground storage tanks. Following the inspection, the department made several attempts to work with Galvin to correct these violations, including offering financial assistance to perform the necessary work.

On Jan. 5, 2009, the department issued a notice of violation (NOV) to Galvin and on April 12, 2009, it issued a similar NOV to Estep. The NOVs explained the violations that still needed to be corrected and required the owners to submit the necessary documentation to demonstrate that the tanks were operating in compliance with state regulations.

The violations include failure to demonstrate that the tanks are not corroding in the ground, failure to carry insurance to pay for the cleanup of any leaks from the tanks and underground piping that may occur, failure to conduct an assessment to show the tanks have not leaked and caused contamination to groundwater and failure to either permanently remove or close in place the underground storage tank system.

The owners of Glasgow CITGO failed to take any action on the NOVs, which increased the risk of contaminating groundwater and the environment with harmful petroleum chemicals. The owners have 30 days to request a public hearing before the order becomes binding.
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