DNREC News - DNREC Issues Notice of Conciliation Order to Triangle

Jan. 4, 2001
Vol. 31, No. 05

For further information, contact Kathleen Stiller, 302-395-2500; or Don White or Melinda Carl, 302-739-4506

DNREC Issues Notice of Conciliation Order to Triangle Oil for Underground Storage Tank Violations at Tru Blu Station

Department of Natural Resources and Environmental Control Secretary Nicholas A.DiPasquale issued a Notice of Conciliation Proceedings, Administrative Penalty Assessment and Order on Dec. 28, 2000 to Triangle Oil Company, 407 Brookletts Ave., Easton, Md. The Order was issued for violations of Delaware's Regulations Governing Underground Storage Tank (UST) Systems.

Triangle Oil owns and operates the Tru Blu Station, Route 13 and Clark Street, Harrington, where five underground storage tanks were designated as temporarily out of service on Dec. 22, 1998.

DNREC found the company in violation of UST regulations for failing to: upgrade the systems to meet corrosion protection requirements; maintain financial responsibility for the tanks temporarily out of service; and, permanently close the tanks within one year of the temporarily out of service designation.

The Notice of Conciliation Proceedings and Secretary's Order requires Triangle Oil to:

Begin UST removal and remediation upon receipt of the ordered conciliation agreement and complete all UST activities by March 31, 2001.
Provide DNREC a signed contract, including a firm schedule indicating work timeline with separate timelines for tank removal and remediation work.
Provide written, monthly updates and progress reports.
Collect two soil samples per tank at the time of removal for analysis for Delaware Risk Based Corrective Action Program with results forwarded to DNREC.
Collect ground water sample under tank field and forward analysis to DNREC.
Overexcavate and properly dispose of or treat any impacted soils in the tank field; collect and analyze additional soil samples to document extent of overexcavation and forward results to DNREC.
Conduct hydrogeologic investigation including risk assessment; submit report with recommendations for corrective action; and perform corrective activities on schedule established by DNREC based on findings.
Provide DNREC analytical results of quarterly ground water monitoring samples for 2000 by Jan. 31, 2001 and continue quarterly monitoring and reporting.

Should Triangle Oil fail to comply with the deadlines required in the Order, they will be assessed a penalty of $1,000 per day for each day of non-compliance. If non-compliance continues for 30 days, the Company will pay a penalty of up to $25,000 per day for each day thereafter.

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Document no. 40-01/01/01/05
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