STATE OF 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.

ZAIN FOOD MART, INC.

Order No. 2548

CONSENT ORDER

A. With the agreement of Zain Food Mart, Inc. ("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 295 Main Street in Newington, Connecticut.
2. The Respondent has a monthly gasoline throughput of 10,000 gallons or more at 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 vent 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 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. 18078 on July 9, 2020.
6. An email received on July 15, 2020 from Northeast Tank Services, Inc. on behalf of the Respondent contained Stage I vapor recovery test reports from 2017 and 2018 and indicated that Stage I vapor recovery testing was not conducted in 2019.
7. By virtue of the above, the Respondent is in violation of RCSA Section 22a-174-30a(d)(1) in calendar year 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:

Issued date: 12/9/2021

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1. The Respondent shall comply with RCSA Section 22a-174-30a(d).
2. Civil penalty. The Respondent shall pay a penalty of $800 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 $800 in accordance with paragraph B.3 of this order, or the Respondent shall pay $800 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 $800 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 #2548."
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 $800 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 #2548." 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 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 modification, 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

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Commissioner, within thirty (30) days of the Commissioner's notice of deficiencies. Any document or other action submitted or performed 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.

1. Definitions. As used in this consent order, "Commissioner" means the Commissioner or a representative of the Commissioner.

2. 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 of deposit of the document 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 calendar day. Any document or action which falls on a Saturday, Sunday or Federal holiday shall be submitted or performed by the next day which is not a Saturday, Sunday or Connecticut or Federal holiday.

3. 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 duly authorized representative of such officer, as those terms are defined in §22a-170-1(b)(2) of the Regulations of Connecticut State Agencies, and by the individual(s) responsible for actually preparing such document, and 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."

4. 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 injunction and penalties.

5. 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.

6. Notice of liability; transfer of responsibility. Notwithstanding 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

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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.

1. 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 cost 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.

2. Respondent's obligations under law. Nothing in this consent order shall relieve the Respondent of other obligations under applicable federal, state and local law.

3. 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.

4. 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.

5. 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.

6. Notice to Commissioner of changes. Within 15 days of the date the Respondent becomes aware of a change in any 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 omitted information to the Commissioner.

7. 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.

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1. 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

ZAIN FOOD MART, INC. 6 Consent Order No. 2548

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.

Zain Food Mart, Inc.
Signature: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________