News Release 245

Hazardous Waste Management Commission refers two cases to attorney general

Volume 38-245 (For Immediate Release)
Contact: Larry Archer
573-751-3807

JEFFERSON CITY, MO, APRIL 21, 2010 -- The Missouri Department of Natural Resources and the Hazardous Waste Management Commission has referred two facilities to the Missouri Attorney General's Office to pursue legal action. These businesses are cited for violations of Missouri’s Underground Storage Tank Law and Regulations.

The commission, at its April 15 meeting in Jefferson City, voted to refer the cases to the attorney general's office to compel compliance and to seek an appropriate civil penalty for violations at the sites.

The department has asked the attorney general to take enforcement actions against:

• Former Rowland's Amoco located at located at 801 Mitchell Avenue in St. Joseph - The facility currently has four steel underground storage tanks that do not meet current standards. Tanks constructed out of bare steel can corrode, which can result in a release of petroleum and harm the environment and public health. While it is permissible to use steel tanks, the department requires documentation from the facility that verifies the tanks have been, and continue to be, adequately protected from corrosion. The tanks must be properly, permanently closed.
• Facility located at corner of Highway 37 and Gibbs in Pierce City - The facility has four steel underground storage tanks that have been temporarily closed. A department inspection revealed three of the four tanks contained five or more inches of product. The department has not received documentation to verify the steel tanks have been adequately protected from corrosion. The tanks must be properly, permanently closed. Additionally, the site has failed to pay registration fees for underground storage tanks.      

Missouri's Underground Storage Tank Law and Regulations exist to protect public and environmental health and the department is responsible for enforcing the law and regulations.

The department’s enforcement actions help protect human health and the environment by requiring facilities to maintain compliance. The department’s main goal in any enforcement action is to work with a facility to successfully achieve compliance with the standards and then ensure they have the tools to remain in compliance. As part of that process, penalties may be used as an incentive to ensure future compliance and to remove the economic benefit gained from past noncompliance.

The department strives to work with owners and operators to fix problems before the issue is brought to the commission. In situations where the responsible party is unwilling or unable to cooperate to bring the facilities into compliance and be protective of human health and the environment, the department will refer the cases to the Attorney General’s Office for legal action.

Additional information about the commission, including supporting documents related to this compliance case, is available on the department's Web site at /env/hwp/commission/commis.htm. For more information contact the department's Hazardous Waste Program at 573-751-3176 or call toll-free at 800-361-4827.

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