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EPA Issues Complaint Against Two Brooklyn Businesses for Underground Storage Tank Violations

Release Date: 10/29/2003
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(#03120) New York, N.Y. -- Two Brooklyn businesses, McDonald Avenue Auto Enterprises, Inc. and S&M Realty of New York, Inc. face over $16,000 in penalties for alleged violations of underground storage tank regulations. The U.S. Environmental Protection Agency (EPA) issued a complaint based on the companies' continuing failure to correct violations uncovered during an EPA inspection performed in July 2001. "McDonald Avenue Auto Enterprises and S&M Realty could have corrected the violations and settled with EPA in 2001. However, they chose not to comply, and now they face a substantially higher penalty," said EPA Regional Administrator Jane M. Kenny. "EPA's action sends a message to the regulated community that non- compliance can be costly." The September 30, 2003 complaint charges the businesses with violations of the federal Resource Conservation and Recovery Act (RCRA), which requires underground storage tanks to be managed in an environmentally sound manner. EPA found that S&M Realty is the owner of a 4,000 gallon steel underground storage tank, located at 2045 McDonald Avenue in Brooklyn, New York. The Agency also determined that McDonald Avenue Auto Enterprises is the operator of the tank, which is used to store gasoline. Specifically, the complaint charges that the businesses failed to monitor the tank to detect gasoline leaks, to maintain records of leak detection and to either upgrade or close the tank. In addition, McDonald Avenue Auto Enterprises failed to respond to an EPA request for information. To date, S&M Realty and McDonald Avenue Auto Enterprises have failed to demonstrate compliance. The complaint requires the businesses to comply with all applicable RCRA requirements pertaining to release detection, record keeping, closure and upgrade of the underground storage tank. The companies have the right to request a hearing on the charges.