Vermont Business Magazine The Agency of Natural Resources Department of Environmental Conservation (DEC) announced today that MAX LLC, owner and operator of Price Cutter, a gas station in Brattleboro, was fined $8,250 for multiple violations of the Vermont Underground Storage Tank Rules.
DEC’s Waste Management and Prevention Division oversees the operation of Underground Storage Tanks to protect human health and the environment. Anyone who owns or operates underground storage tank systems must obtain a permit from the Division, and permit holders must comply with Vermont’s Underground Storage Tank Rules. The rules establish standards for the design, installation, operation, maintenance, monitoring, and closure of underground storage tanks to prevent fuel leaks and spills.
“The release of liquid petroleum and other hazardous substances from underground storage tanks into the environment threatens groundwater resources and can also cause explosive vapors to seep into confined spaces and occupied dwellings,” says Misty Sinsigalli, DEC Commissioner. “It is critical for the Underground Storage Tank Rules to be followed in order to prevent these spills.”
MAX LLC has two 16,000-gallon underground storage tanks at its retail fuel facility in Brattleboro. During a routine inspection in August 2024, Agency staff identified multiple significant deficiencies at the facility, including the unauthorized replacement of a permitted spill bucket with an undersized spill bucket, improper or unclear labeling of fuel pipes, spill containment devices not being maintained in operational condition, and the presence of liquid in interstitial spaces between the tanks designed to stay dry.
Agency staff also found the facility failed to report suspected releases of hazardous materials, display required documents, conduct and document required monitoring and inspections, and maintain a list of Class C operators. Because of missing leak detection records, active leak detection alarms, and liquid in interstitial spaces, Agency staff red-tagged all tank compartments, halting fuel deliveries. A contractor removed and properly disposed of the accumulated liquid and reset the leak detection alarms, allowing the red tags to be removed and fuel deliveries to resume later that week. However, overall compliance at the facility remained incomplete and further outreach from Agency staff went unanswered. The Agency subsequently filed an Administrative Order. While the matter was pending, MAX LLC submitted additional evidence of compliance.
As a result of the additional compliance, MAX LLC entered into an Assurance of Discontinuance with the Agency and agreed to a fine of $8,250 for the violations. This agreement was incorporated into a Final Judicial Order of the Vermont Superior Court, Environmental Division. The Order also requires MAX LLC to provide proof within sixty (60) days that the undersized spill bucket has been replaced and that a facility diagram identifying the location, contents, capacity, and diameter of all underground storage tanks on the property has been posted. If MAX LLC does not complete the additional corrective actions or provide the required documentation by the sixty-day deadline, an additional penalty will automatically become due.
Learn more about visit DEC’s Waste Management and Prevention Division online. Learn more about Vermont’s Underground Storage Tank Rules online.
Vermont Agency of Natural Resources, Montpelier, Website.
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