Storage Tank Enforcement: Tennessee Department of Environmental Conservation Proposed Order/Evaluation Regarding Bartlett Facility | Mitchell, Williams, Selig, Gates & Woodyard, PLLC

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On November 22, the Tennessee Department of Environmental Conservation (“TDEC”) issued a Proposed Order and Assessment (“Order”) to Diamond Investment LLC (“DI”). See case number UST23-0151.

The Order provides that DI is the registered owner of two underground storage tank (“UST”) systems located in Bartlett, Tennessee.

TDEC Underground Storage Tank Division (the “Division”) personnel are said to have conducted a compliance inspection at the DI facility on January 20th. The inspection reportedly identified certain violations.

Department officials are said to have sent “compliance inspection results – necessary actions” to the DI. The letter states that the DI is required to submit documentation to the department by March 6 to document the correction of the violations. Operator retraining also had to be completed by May 8th.

It states that no response has been received and the DI has been informed accordingly.

It states that a follow-up letter and enforcement action notice was then sent to the DI. A notice of violation was then sent to the DI, citing the violations allegedly discovered during the inspection and requiring documentation by June 8 to correct the violations. Operator retraining he had to carry out by August 7th.

The order states that DI’s failure to meet the June 8 and August 7 guidelines violates Rule 0400-18-01-.03(2) and Rule 0400-18-01-.16(4). stipulated. Therefore, it is alleged that DI violated Tennessee Statute Anne. § 68-215-104(2) states:

It is unlawful to construct, alter, or operate any underground petroleum storage tank in violation of this chapter or the rules and regulations established thereunder.

The alleged violations include:

  • Failure to designate class B business operators
  • Appropriate overfill prevention devices are not installed
  • Failure to successfully complete retraining to the appropriate level of operator class within a period determined by the department in the event of a significant operational compliance violation being discovered.
  • Lack of cooperation with the department by not providing documents, inspections, and monitoring records to the department.

The Order provides that if the DI does not comply or object within the relevant period, the facility will be placed on the Do Not Deliver List. Additionally, civil penalties totaling $8,400 are proposed.

The order also requires the DI to take all necessary actions to correct any outstanding violations.

The proposed order provides for certain appeal rights.

A copy of the proposed order can be downloaded here.

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