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Underground storage tank operator agrees to perform work, pay fine

Release Date: 8/1/2002
Contact Information:
202 514-1617,

Release Date: 8/1/2002
Contact Information:
800 227-8917 x6921,

Release Date: 8/1/2002
Contact Information:
406 247-4637

Helena -- The U.S. District Court of Montana entered a consent decree on July 26, 2002 resolving several claims by the United States against Hi-Noon Petroleum, Inc. (Hi-Noon). Hi-Noon has agreed to invest $69,375 to purchase new pipe for the City of Browning, MT's drinking water distribution system and pay a $23,125 penalty. The new pipe will replace and repair leaking or deteriorated pipes in the drinking water system, protecting against groundwater contamination.

The U.S. Environmental Protection Agency (EPA) asserts that Hi-Noon's P& M Convenience Store, located on the Blackfeet Reservation in Browning, violated Underground Storage Tank (UST) regulations by failing to report and protect against petroleum releases. Leaking USTs can harm human health and the environment, contaminating nearby soils, surface waters and underground water supplies. They can also cause fires and explosions.

Penalties act as a deterrent to violations of the law. Under federal law, EPA and DOJ could have sought $10,000 per tank per day of violation. In calculating a proposed penalty EPA and DOJ took into account Hi-Noon's economic benefit from noncompliance, the seriousness of the violation, the potential for harm to human health and the environment, the environmental sensitivity of the area, Hi-Noon's degree of cooperation, Hi-Noon's history of violations and the number of days Hi-Noon was out of compliance.

The 11 violations included failing to properly maintain and operate release detection equipment and failing to investigate, report and take timely response actions to suspected and confirmed releases. Because Hi-Noon did not respond to its leak immediately, an extensive release of petroleum contaminated the ground water, potentially threatening drinking water supplies. Appromixately 2,180 cubic yards of petroleum-impacted soil have been removed and about 111,000 gallons of groundwater have been treated for petroleum contamination. The cleanup is ongoing.

DOJ and EPA solicited input from the Blackfeet Nation and the Blackfeet Environmental Office in determining the kind of project Hi-Noon should undertake. The current project will help protect the City of Browning's drinking water system from petroleum contamination.