DNREC News - DNREC Issues Administrative Penalty Assessments to Getty Petroleum and Tyree Organization

Feb. 7, 2001
Vol. 31, No. 32

For additional information, contact Kathleen M. Stiller, program manager, Underground Storage Tank Branch, 302-395-2500; or Melinda Carl, Information and Education, 302-739-4506

DNREC Issues Administrative Penalty Assessments to Getty Petroleum and Tyree Organization for Air Pollution Permit Violations; Getty Assessed $20,000; Tyree Assessed $10,000

Department of Natural Resources and Environmental Control Secretary Nicholas A. DiPasquale has issued a Secretary's Order and Administrative Penalty Assessment with a $20,000 penalty assessment to Getty Petroleum Corporation, Inc. and $10,000 penalty assessment to The Tyree Organization, LTD, for violations of the Regulations Governing the Control of Air Pollution.

Getty Petroleum owns the underground storage tanks at the Getty Station located at 1400 S. DuPont Highway, New Castle; The Tyree Organization, Ltd. was the contractor for a retrofit and upgrade of vapor recovery systems at Getty's facility.

As of Dec. 12, 1994, Getty's facility operated under a Balance Type Stage II Vapor Recovery Operating permit. On June 25, 1998, Tyree installed a new Stage II Vapor Recovery System without first acquiring a construction permit. Getty operated the facility from June 1998 to November 1999 without acquiring the necessary operating permit for the upgrade. Getty was issued a construction permit for a another Stage II vapor recovery system in December 1999 for another vacuum assist upgrade and construction was completed in January 2000.Getty has been operating without a Stage II operating permit for this upgrade since March 2000.

Following inspections of the facility by DNREC's Underground Storage Tank Branch during 1998, Getty was notified by letter of its failure to have a retrofit confirmation, permit application for a Stage II vapor recovery construction permit, record-keeping documents, instructional signs on certain equipment on site, and for failure to verify whether a required drop tube had been installed in a tank with a remote fill. The drop tube is a hollow metal shaft designed to transport gasoline from a delivery truck hose to the bottom of a storage tank. An additional warning letter to Getty followed a Nov. 23, 1999 inspection.

Getty has 30 days to complete the following:

Provide a complete operating permit application materials for its Stage II Vapor Recovery System and to adhere to all permit conditions;
Provide proof that instructional signs are posted at each fueling point and Stage II recordkeeping documents are up to date and on site at all times;
Provide proof that a drop tube is installed in the premium tank associated with the remote fill; and
Demonstrate compliance with all applicable vapor recovery regulations.

Tyree has 15 days to contact the Underground Storage Tank Branch to make arrangements for regulatory training for its representatives.

In addition to the penalty assessments, Getty was ordered to reimburse the Department $750 for costs; and Tyree $250 for costs. Both companies have 30 days to request a hearing.

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Document no. 40-01/01/02/03

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