(DES MOINES, Iowa) A Polk County judge has approved Iowa Attorney General Tom Miller’s request for a $250,000 civil penalty against a Wisconsin-based petroleum company doing business in Iowa for underground storage tank (UST) violations.
District Judge Robert B. Hanson entered a consent decree against Bulk Petroleum Corporation. Bulk Petroleum is a Delaware corporation with headquarters in Mequon, Wisconsin, which owns underground storage tanks at retail gasoline facilities in Iowa and other states.
The court’s decree resolves the state’s 2007 lawsuit against the company, which is the largest UST enforcement action in Iowa history. The case involves 92 underground storage tanks (USTs), with a capacity of 800,000 gallons of product, at 28 retail gasoline stations located in 14 cities and 9 counties in central and eastern Iowa.
The violations, admitted by Bulk Petroleum, include failure to comply with UST requirements for protection of steel USTs from corrosion, prevention and detection of petroleum leaks, maintenance of records, providing notice of leaks, and conducting assessment of the contamination.
“UST regulations protect Iowans, our groundwater and our environment,” said Attorney General Tom Miller. “We cannot allow companies to cut corners and put Iowans at risk.”
Bulk Petroleum is permanently enjoined from further violations. In addition, the company is ordered to provide UST regulatory training to supervisory personnel, adopt standard maintenance and recordkeeping procedures, conduct biannual inspections of USTs by Iowa DNR certified inspectors, and annual inspections by Bulk Petroleum employees or contractors.
“This consent decree is an appropriate resolution for serious violations of the law,” Miller said.
In 2009, Bulk Petroleum filed a voluntary petition for bankruptcy with the United States Bankruptcy Court, Eastern District of Wisconsin. On May 4, 2010, the Bankruptcy Court approved entry of the consent decree in the Polk County suit. The civil penalty owed to the State is an unsecured debt, payment of which is subject to bankruptcy proceedings.
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Violations of UST regulations were identified during compliance inspections conducted in calendar years 2005, 2006, 2007 and 2008 at the following Bulk Petroleum retail gasoline facilities:
CLAIM |
STATION NAME |
USTs |
ADDRESS |
COUNTY |
INSPECTION DATES |
|
1 |
Citgo Station #574 |
10000 |
4600 Fleur Drive, |
Polk |
February 21, 2005 |
|
2 |
Citgo Station #582 |
12000 |
2701 Ingersoll Avenue, |
Polk |
May 31, 2005 |
|
3 |
Citgo Station #596 |
10000 |
3804 Hubbell Avenue, |
Polk |
February 18, 2005 |
|
4 |
Citgo Station #597 |
10000 |
4028 N.E. 14th Street, |
Polk |
May 26, 2005 |
|
5 |
Four Mile Texaco Station #536 |
12000 |
3732 Easton Blvd., |
Polk |
December 13, 2005 |
|
6 |
Citgo Station #587 |
10000 |
3417 Harrison St., |
Scott |
April 26, 2006 |
|
7 |
Citgo Station #588 |
10000 |
1026 W. River Drive, |
Scott |
November 2, 2005 |
|
8 |
Citgo Station #555 |
6000 |
2080 W. River Drive, |
Scott |
April 21, 2006 |
|
9 |
Citgo Station #534 |
12000 |
11423 160th Street, |
Scott |
April 21, 2006 |
|
10 |
Citgo Station #535 |
8000 |
101 E. Mayne, |
Scott |
October 17, 2005 |
CLAIM |
STATION NAME |
USTs |
ADDRESS |
COUNTY |
INSPECTION DATES |
11 |
Citgo Station #539 |
10000 |
1220 North Cody Road, |
Scott |
July 12, 2005 |
12 |
Kerr McGee Station #576 |
15000 |
100 First Ave. NW, |
Linn |
February 1, 2005 |
13 |
Mobil Station #581 |
10000 |
3326 Center Point Rd. NE, |
Linn |
February 2, 2005 |
14 |
Citgo Station |
10000 |
515 Broadway St., |
Black Hawk |
March 15, 2005 |
15 |
Citgo Station #520 |
6000 |
1900 Summer Street, |
Des Moines |
February 17, 2005 |
16 |
Jiffy Station #505 |
12000 |
326 Lincoln Way, |
Story |
March 1, 2006 |
17 |
Citgo Station #550 |
10000 |
4164 Highway 63, |
Poweshiek |
August 22, 2005 |
18 |
Citgo Station #525 |
10000 |
101 E. Mt. Pleasant, W. Burlington |
Des Moines |
December 27, 2007 |
CLAIM |
STATION NAME |
USTs |
ADDRESS |
COUNTY |
INSPECTION DATES |
19 |
Breakpointe Station #537 |
10000 |
1111Lincoln S.E., Bondurant |
Polk |
April 6, 2005 |
20 |
Citgo Station #571 |
6000 |
1443 Second Ave, Des Moines |
Polk |
October 24, 2006 |
21 |
Citgo Station #586 |
6000 |
1500 N.W. 86th Street, Clive |
Polk |
January 30, 2008 |
22 |
Citgo Station #545 |
6000 |
1632 Rockingham Rd., Davenport |
Scott |
December 27, 2007 |
23 |
Citgo Station #573 |
8000 |
1800 S.E. 14th St., Des Moines |
Polk |
January 30, 2008 |
24 |
“C” Store & Deli #99 |
10000 |
1800 South B Ave., Nevada |
Story |
December 7, 2007 |
25 |
Citgo Station #589 |
8000 |
1001 “A” Avenue W., Oskaloosa |
Mahaska |
October 1, 2007 |
26 |
Can City Citgo Station #510 |
8200 |
303 E. Platt St., Maquoketa |
Jackson |
January 3 & 26, 2007 |
27 |
Citgo Station #595 |
10000 |
3761 E. University |
Polk |
December 19, 2007 |
28 |
West Kimberly Jiffy Station #540 |
10000 |
3815 W. Kimberly, Davenport |
Scott |
January 16, 2008 |
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