Oregon DEQ fines Bend gas station nearly $12K over underground-tank issues; owners expect reduction – KTVZ

No launch or contamination alleged; proprietor’s rep cites ‘refined adjustments’ in how DEQ necessities apply

BEND, Ore. (KTVZ) – Oregon’s Division of Environmental High quality has fined a Bend gasoline station almost $12,000, alleging it failed to put in correct spill detection gear for underground storage tanks and to conduct required testing and inspections. However the enterprise disputed the claims, saying it’s been working with the company and expects a discount within the penalty.

“DEQ documented quite a few violations” throughout an inspection of the UST (underground storage tank) system final October, Kieran O’Donnell, the supervisor of DEQ’s Workplace of Compliance and Enforcement, wrote in a March 21 licensed letter to Kashmir Uppal, who together with his spouse function the Butler Market South Deli & Gasoline on South Freeway 97.

“DEQ issued this penalty since you failed to put in launch detection gear that complies with UST rules once you put in new USTs in November 2016,” O’Donnell mentioned within the formal notification of the $11,797.50 civil penalty, one in every of 13 the DEQ issued in March.

After DEQ’s order requiring the house owners to put in launch detection sensors and conduct testing inside 90 days of the discover, O’Donnell added, “In case you full these necessities, DEQ will take into account recalculating the prices … and can cut back the civil penalty accordingly.”

A consultant of the enterprise instructed NewsChannel 21 the violations cited by DEQ “have been primarily because of a change in leak detection necessities by the DEQ.”

He additionally took concern with DEQ’s declare that the enterprise lacked required gear or did not conduct ample testing.

“There was monitoring, testing and leak detection going down,” mentioned the consultant, who requested to not be named. “However there have been refined adjustments in how the code and necessities apply as to what sort of testing is required. It was determined to not attraction, in an effort to only get the system up to date, to make sure the fitting factor was being accomplished.”

He mentioned the tanks and leak detection system have been “signed off on by DEQ in 2017, when the tanks have been changed with new. For the reason that infraction, the house owners have gone to nice lengths and expense to replace all techniques, even past minimal requirements.”

“The house owners have labored intently and at the side of Oregon DEQ and native environmental consultants,” the enterprise consultant continued, including: “There was no launch or contamination of any sort.” (The company has not alleged such.)

“The matter has been resolved,” the enterprise consultant mentioned, “and despite the fact that no attraction was filed, a discount in fines because of the intensive corrective actions and expense taken to get that system utterly updated is anticipated.”