Connecticut DEEP Consent Order Against Green Fuel, LLC

DocuSign Envelope ID: D5C108A0-61A1-452A-B1FE-99ABF9C74F61
Connecticut Department of
ENERGY &
ENVIRONMENTAL
PROTECTION
79 Elm Street • Hartford, CT 06106-5127
www.ct.gov/deep
Affirmative Action/Equal Opportunity Employer
STATE OF CONNECTICUT
VS.
GREEN FUEL, LLC
)
)
)
)
)
Order No. 2557
CONSENT ORDER
A. With the agreement of Green Fuel, LLC ("Respondent"), the Commissioner of Energy and
Environmental Protection ("Commissioner") finds the following:
1. Respondent owns, leases, operates, or controls a gasoline dispensing facility ("GDF") at 540
Boston Post Road in West Haven, Connecticut.
2. The Respondent has a monthly gasoline throughput of 10,000 gallons or more of the GDF and
is subject to the requirements in Section 22a-174-30a of the Regulations of Connecticut State
Agencies (RCSA).
3. As required by RCSA Section 22a-174-30a(c), the GDF is equipped with a Stage I vapor recovery
system.
4. Pursuant to RCSA Section 22a-174-30a(d)(1), the owner or operator of any GDF shall conduct
each of the following tests at least once per calendar year: a pressure/vacuum valve test for
every pressure/vacuum vent valve, a pressure decay test, and a vapor-space tie-in test.
5. Whereas the Department of Energy and Environmental Protection ("DEEP") records indicated that
the Respondent failed to conduct Stage I vapor recovery testing in 2018 and 2019, the
Commissioner determined that the Respondent violated RCSA Section 22a-174-30a(d)(1). As a
result, the Commissioner issued Notice of Violation No. 18109 on December 2, 2020.
6. In an email received on December 7, 2020, the Respondent indicated that Stage I vapor recovery
testing was not conducted in 2018 and 2019.
7. By virtue of the above, the Respondent is in violation of RCSA Section 22a-174-30a(d)(1) in
calendar years 2018 and 2019.
B. With the agreement of the Respondent, the Commissioner, acting under §22a-6, §22a-171, §22a-
174, §22a-177, and §22a-178 of the Connecticut General Statutes, orders the Respondent as
follows:
1. The Respondent shall comply with RCSA Section 22a-174-30a(d).
2. Civil penalty. The Respondent shall pay a penalty of $1,200 as the total civil penalty to be sought
by the Commissioner for those, and only those, violations described in paragraphs A.4 through
A.7 of this Order. This penalty is payable as follows: on or before thirty (30) days after issuance
of this Order the Respondent shall pay $1,200 in accordance with paragraph B.3 of this order, or the
Respondent shall pay $1,200 to the Statewide SEP account in accordance with paragraph B.4 of this
order.
3. Payment of penalties. On or before thirty (30) days after the issuance of this order, the Respondent
shall pay $1,200 by mail or personally delivered to the Department of Energy and Environmental
Protection, Bureau of Financial and Support Services-Accounts Receivable Office, 79 Elm Street,
Hartford, CT 06106-5127. Such payment shall be by certified or bank check payable to the
"Connecticut Department of Energy and Environmental Protection." The check shall state on its
face, "Air Consent Order #2557."
4. Statewide Supplemental Environmental Project (SEP) Account Payment.
a. In lieu of payment of the civil penalty referenced in Paragraph B.2, the Respondent may
elect to pay $1,200 to the Statewide SEP account.
b. If the Respondent elects to make a payment to the Statewide SEP account, the Respondent
shall make such payment within thirty (30) days after issuance of this consent order. The
payment shall be mailed or personally delivered to the Department of Energy and
Environmental Protection, Bureau of Financial and Support Services-Accounts Receivable
Office, 79 Elm Street, Hartford, CT 06106-5127. The payment shall be by certified or bank
check payable to the "Connecticut Department of Energy and Environmental Protection."
The check shall state on its face, "Statewide SEP Account" and "Consent Order #2557."
c. The Respondent shall not claim or represent any SEP payment made pursuant to this
consent order constitutes or represents any SEP payment made pursuant to this
consent order constitutes or represents any business expense or charitable contribution or any
other type of tax deductible expense. The Respondent shall not seek or obtain any other tax
benefit, such as a tax credit, as a result of the payment under this paragraph.
d. If the Respondent disseminates any publicity, including but not limited to any press
releases regarding funding a SEP, the Respondent shall include a statement that such
funding was made in settlement of an enforcement action brought by the Commissioner.
5. Full compliance. The Respondent shall not be considered in full compliance with this consent
order until all actions required by this consent order have been completed as approved and to
the Commissioner's satisfaction.
6. Approvals. The Respondent shall use best efforts to submit to the Commissioner all documents
required by this order in a complete and approvable form. If the Commissioner notifies the
Respondent that any document or other action is deficient, and does not approve it with conditions
or modifications, or if it is deemed disapproved, and the Respondent shall correct the deficiencies and
GREEN FUEL, LLC 3 Consent Order No. 2557
resubmit it within the time specified by the Commissioner, or no later than 15 days if specified by
the Commissioner, within 30 days of the Commissioner's notice of deficiencies in approving the
document or other action under this consent order, the Commissioner may approve the document
or other action as submitted or performed or with such conditions or modifications as the
Commissioner deems necessary to carry out the purposes of this consent order. Nothing in this
paragraph shall excuse noncompliance or delay.
7. Definitions. As used in this consent order, "Commissioner" means the Commissioner or a
representative of the Commissioner.
8. Dates of issuance. The date of "issuance" of this consent order is the date the consent order is deposited in the
U.S. mail or personally delivered, whichever is earlier. The date of submission to the
Commissioner of any document required by this consent order shall be the date such document is
received by the Commissioner. The date of any notice by the Commissioner under this consent
order, including but not limited to notice of approval or disapproval of any document or other
action, shall be the date such notice is deposited in the U.S. mail or is personally delivered,
whichever is earlier. Except as otherwise specified in this consent order, the word "day" as used
in this consent order means a calendar day. Any document or action which is required to be submitted
to order to be submitted or performed by a date which falls on a Saturday, Sunday or a Connecticut
or federal holiday shall be submitted or performed by the next day which is not a Saturday, Sunday
or Connecticut or federal holiday.
9. Certification of documents. Any document, including but not limited to any notice, which is
required to be submitted to the Commissioner under this consent order shall be signed by the
Respondent or, if the Respondent is not an individual, by the Respondent's chief executive officer
or a duly authorized representative of such officer, as those terms are defined in §22a-430-3(b)(2)
of the Regulations of Connecticut State Agencies, and by the individual(s) responsible for actually
preparing such document, and the Respondent or the Respondent's chief executive officer and
each such individual shall certify in writing as follows: "I have personally examined and am
familiar with the information submitted in this document and all attachments thereto, and I certify,
based on reasonable investigation, including my inquiry of those individuals responsible for
obtaining the information, that the submitted information is true, accurate and complete to the best
of my knowledge and belief. I understand that any false statement made in the submitted
information is punishable as a criminal offense under Section §53a-157b of the Connecticut
General Statutes and any other applicable law."
10. Noncompliance. This consent order is a final order of the Commissioner with respect to the
matters addressed herein, and is nonappealable and immediately enforceable. Failure to comply
with this consent order may subject the Respondent to an injunction and penalties.
11. False statements. Any false statement in any information submitted pursuant to this consent
order may be punishable as a criminal offense under §53a-157b of the Connecticut General Statutes
and any other applicable law.
12. Notice of transfer; liability. Should the Respondent have fully complied with this
consent order, Respondent shall notify the Commissioner in writing no later than 15 days after
GREEN FUEL, LLC 4 Consent Order No. 2557
transferring all or any portion of the facility, the operations, the site or the business which is the
subject of this consent order or after obtaining a new mailing or location address. The Respondent's
obligations under this consent order shall not be affected by the passage of title to any property to
any other person or municipality.
13. Commissioner's powers. Except as provided hereinabove with respect to payment of civil
penalties, nothing in this consent order shall affect the Commissioner's authority to institute any
proceeding or take any other action to prevent or abate violations of law, prevent or abate
pollution, recover costs and natural resource damages, and to impose penalties for past, present, or future
violations of law. If at any time the Commissioner determines that the actions taken by Respondent
pursuant to this consent order have not successfully corrected all violations, fully characterized the
extent or degree of any pollution, or successfully abated or prevented pollution, the Commissioner
may institute any proceeding to require the Respondent to undertake further investigation or further
action to prevent or abate violations or pollution.
14. Respondent's obligations under law. Nothing in this consent order shall relieve the Respondent
of other obligations under applicable federal, state and local law.
15. No assurance by Commissioner. No provision of this consent order and no action or inaction by
the Commissioner shall be construed to constitute an assurance by the Commissioner that the
actions taken by the Respondent pursuant to this consent order will result in compliance.
16. Access to site. Representative of the Department of Energy and Environmental Protection may
enter the facility without prior notice for the purposes of monitoring and enforcing the actions
required or allowed by this consent order.
17. No effect on rights of other persons. This consent order neither creates nor affects any rights of
persons or municipalities that are not parties to this consent order.
18. Notice to Commissioner of changes. Within 15 days of the date the Respondent become aware of
a change in information submitted to the Commissioner under this consent order, or that any
such information was inaccurate or misleading or that any relevant information was omitted, the
Respondent shall submit the correct or corrected information to the Commissioner.
19. Notification of noncompliance. In the event that the Respondent becomes aware that it did not
or may not comply, or did not or may not comply on time, with any requirement of this consent order
or of any document required hereunder, the Respondent shall immediately notify by telephone the
individual identified in the next paragraph and shall take all reasonable steps to ensure that any
noncompliance or delay is avoided or, if unavoidable, is minimized to the greatest extent possible.
Within five (5) days of the initial notice, the Respondent shall submit in writing the date, time and
duration of the noncompliance and the reasons for the noncompliance or delay and propose, for
the review and written approval of the Commissioner, dates by which compliance will be achieved
and the Respondent shall comply, with any dates which may be approved in writing by the
Commissioner. Notification by the Respondent shall not excuse noncompliance or delay, and the
Commissioner's approval of any compliance dates proposed shall not excuse noncompliance or delay
unless specifically so stated by the Commissioner in writing.
GREEN FUEL, LLC 5 Consent Order No. 2557
20. Submission of documents. Any document required to be submitted to the Commissioner under
this consent order, unless otherwise specified in this consent order or in writing by the
Commissioner, shall be directed to:
Deanna Rackie
Department of Energy and Environmental Protection
Bureau of Air Management
79 Elm Street
Hartford, Connecticut 06106-5127
(860) 424-3438
GREEN FUEL, LLC 6 Consent Order No. 2557
Respondent consents to the issuance of this consent order without further notice. The undersigned
certifies that he/she is fully authorized to enter into this consent order and to legally bind Respondent to
the terms and conditions of the consent order.
Green Fuel, LLC
-DocuSigned by:
Eric Mahroos
Eric Mahroos
488A2A38F314D4...
Signature:
Type Name: Eric Mahroos
Type Title: Manager
Date: 12/6/2021
Issued as a final order of the Commissioner of Energy and Environmental Protection.
-DocuSigned by:
Betsey Wingfield
208C1A038E6C458...
Betsey Wingfield, Deputy Commissioner
Department of Energy and Environmental Protection
12/6/2021
Date