A & K Service Station, LLC - Consent Order for Vapor Recovery Violations

DocuSign Envelope ID: 13D7A2D8-903E-43B3-839F-0A870488AE0F
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.
A & K SERVICE STATION, LLC
Order No. 2549
CONSENT ORDER
A. With the agreement of A & K Service Station, 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 524
Newfield Avenue in Stamford, Connecticut.
2. The Respondent has a monthly gasoline throughput of 10,000 gallons or more of the GDF and
is subject to the requirements of 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 vent valve test
for every pressure/vacuum vent valve, a pressure decay test, and a vapor-space tie-in test.
5. Whereas Department of Energy and Environmental Protection records indicated that the
Respondent failed to conduct Stage I vapor recovery testing in 2017, 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. 18009 on April 29, 2020.
6. The Respondent ceased dispensing gasoline in November 2019 to replace the storage tanks.
The GDF remained closed through 2020.
7. In an email received on July 17, 2020, Mike Doucette of Northeast Tank Services, Inc.
confirmed that Stage I vapor recovery testing was not conducted in 2017 and 2018.
8. By virtue of the above, the Respondent is in violation of RCSA Section 22a-174-30a(d)(1) for
calendar years 2017 and 2018.
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:
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 $1,600 as the total civil penalty to
be sought by the Commissioner for solely, and not those, violations described in paragraphs A.4
through A.8 of this order. This penalty is payable as follows: on or before thirty (30) days
after issuance of this order. The Respondent shall pay $1,600 in accordance with paragraph B.3
of this order, or the Respondent shall pay $1,600 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 $1,600 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 #2549."
4. Statewide Environmental Protection (SEP) Account Payment.
a. In lieu of payment of the civil penalty referenced in Paragraph B.2, the Respondent
may elect to pay $1,600 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 #2549."
c. The Respondent shall not claim or represent any SEP payment made pursuant to
this consent order constitutes an ordinary business expense or charitable contribution or
any other type of tax-deductible expense. The Respondent shall not seek or obtain any
other tax benefits, 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 appropriate form. If the Commissioner
notifies the Respondent that any document or other action is deficient, and does not approve
it with conditions or modifications, it is deemed disapproved, and the Respondent shall correct
the deficiencies and resubmit it within the time specified by the Commissioner or, if no time
is specified by the Commissioner, within 30 days of the Commissioner's notice of deficiencies.
In approving any 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. 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 to 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 personally
delivered, whichever is earlier. Except as otherwise specified in this consent order, the word
"day" as used in this consent order means calendar day. Any document or action which is
required by this consent 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 of Respondent. Until the Respondent has fully complied with this
consent order, Respondent shall notify the Commissioner in writing no later than 15 days after
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 resources 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. Any 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 change in any information submitted to the Commissioner under this consent order, or
that any such information is inaccurate or misleading, that any relevant information was
omitted, the Respondent shall submit the corrected or omitted 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 such initial notice, the Respondent shall
submit in writing to 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.
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
A & K SERVICE STATION, LLC
Consent Order No. 2549
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.
A & K Service Station, LLC
DocuSigned by:
Signature:
kda Papaj
AA47F8B940260...
Type Name: kola Papaj
Type Title: operator
Date: 12/3/2021
Issued as a final order of the Commissioner of Energy and Environmental Protection.
DocuSigned by:
Betsey Wingfield
Betsey Wingfield, Deputy Commissioner
Department of Energy and Environmental Protection
12/6/2021
Date