LI gas stations settle suit over storage tanks for $250G
This gas station at 199 East Sunrise Highway in Freeport is among 9 Long Island stations named in a federal suit over monitoring of underground petroleum storage tanks that was settled for $250,000, according to court records released Thursday. Credit: Debbie Egan-Chin
The parent company of a dozen Long Island gas stations will pay $250,000 to settle a federal lawsuit that alleges the stations failed to properly monitor underground storage tanks containing gasoline and diesel fuel that could have contaminated groundwater if they were allowed to leak, according to court records released Thursday.
The consent judgment settles a lawsuit, filed by prosecutors in the Eastern District of New York in 2019 against Genesis Petroleum, Inc., and 20 of its associated companies for violating the federal Resource Conservation and Recovery Act.
In addition to the quarter million dollar fine, the agreement, which covers 12 gas stations on Long Island and 17 others in New Jersey, requires the defendants to implement several safety and compliance measures.
They include operating a federally approved release detection method at all underground storage tanks, maintaining a properly functioning overfill prevention system for new tanks, conducting regular tank inspections and providing semiannual reports to the EPA.
“Genesis Petroleum flagrantly disregarded measures required by law that are designed to protect the health and safety of the communities in which it operates its gas stations," said Breon Peace, U.S. attorney for the Eastern District of New York. "Leaks from underground storage tanks can contaminate drinking water supplies, pollute surrounding soil and surface waters as well as groundwater, and impact indoor airspaces."
The bulk of the gas stations are located in low-income areas and communities of color that are already exposed to disproportionate environmental burdens, prosecutors said.
Robert Dooley, a Patchogue-based attorney representing Utah-based Genesis Petroleum and its subsidiaries, did not respond to a request for comment.
Nine of the 13 gas stations named in the suit are on Long Island: three in Freeport and one each is in Amityville, Bellport, Commack, Medford, Miller Place and Roosevelt. The other four gas stations are in New Jersey. The agreement also covers gas stations owned by Genesis that were not named in the original suit, including those in Port Jefferson, Island Park and Smithtown.
Underground storage tanks are a common and generally safe way to store gasoline and other forms of petroleum.
But prosecutors said the tanks contained chemical compounds that could endanger the public and environment if basic operational safeguards were not in place, including allowing dangerous leaks into the water supply, discharging toxic vapors into the atmosphere or triggering a fire or explosion.
Prosecutors said the stations violated environmental law from 2012 to 2016 by failing to install spill and overfill prevention equipment and failing to report suspected releases. Gas attendants at some stations refused to allow EPA officials to inspect facilities, and the companies failed to respond to agency requests for information about storage tanks, prosecutors said.
The violations did not pose an immediate threat to the drinking water of area residents, officials said.
Lisa Garcia, an EPA regional administrator, said the settlement would protect communities across the Island and New Jersey.
"Underground storage tanks are important business infrastructure and are essential for fueling vehicles but when these tanks are not properly maintained or repaired, communities and the environment can be at risk from leaks of hazardous substances," Garcia said.
Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.
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