LI Gas Station Company Failed To Maintain Storage Tanks: Lawsuit

Multiple companies and gas stations on Long Island were named in a lawsuit by the Environmental Protection Agency alleging that they improperly managed underground storage tanks, which can cause serious environmental damage.

The lawsuit alleges that Genesis Petroleum, Inc., based in Central Islip, and 20 of its associated companies, violated the Resource Conservation and Recovery Act by not maintaining the storage tanks at nine Long Island gas stations, as well as four in New Jersey.

The lawsuit seeks injunctive relief to assure future compliance with the RCRA and an order imposing civil penalties for violations of up to $16,000 per tank for each day of violation.

As alleged in the complaint, the gas stations repeatedly violated the RCRA at various times
from 2012 to 2016. These violations included failing to install spill and overfill
prevention equipment, failing to perform release detection and failing to maintain and provide records of release detection monitoring.

In some instances, the lawsuit alleges that the companies failed to secure underground storage tanks that were temporarily closed, and failed to investigate or report suspected releases. In another instance, the lawsuit says that EPA inspectors saw a visibly corroded storage tank at one of the stations.

The lawsuit also alleges that the companies refused to allow the EPA to inspect stations and ignored the EPA's requests for information about the underground storage tanks.

“The Defendants’ repeated violations of the Resource Conservation and Recovery Act put groundwater at risk of contamination, potentially endangering the health and safety of residents of Nassau and Suffolk Counties in New York as well as residents of New Jersey,” said United States Attorney Richard Donoghue. “We are committed to enforcing the laws protecting our residents from hazardous wastes and the dangers they pose.”

The Long Island gas stations named in the lawsuit are located at:

• 2664 Route 112, Medford
• 607 Station Road, Bellport
• 87 North Country Road, Miller Place
• 616 Route 110, Amityville
• 6077 Jericho Turnpike, Commack
• 199 E. Sunrise Highway, Freeport
• 131 West Merrick, Freeport
• 465 Nassau Road, Roosevelt
• 261 East Merrick Road, Freeport

According to the lawsuit, the alleged violations do not pose an immediate threat to the drinking water in the area. However, the RCRA is designed to limit the impact to water. Gasoline contains chemicals that can be extremely toxic to people.

When operated properly and monitored closely, underground storage tanks are a safe and effective means to store gasoline. But when tanks are not subjected to basic operational safeguards, Donoghue said, they can endanger the public and the environment, for example by leaking gasoline into the water supply, discharging toxic vapors into the air or even triggering fires or explosions.