Feb. 25, 2010
Vol. 40, No. 50

For further information, contact Alex Rittberg, Division of Air and Waste Management, Tank Management Branch, 302-395-2500, or Joanna Wilson, Public Affairs Office, 302-739-9902.

DNREC issues notice of $66,550 penalty to Wilkins Fuel
for underground storage tank violations at Milford facility  

Department of Natural Resources and Environmental Control Secretary Collin O’Mara has issued a Notice of Administrative Penalty Assessment and Secretary’s Order to Wilkins Fuel for violations of Delaware’s underground storage tank regulations. The Order includes a cash penalty of $66,550 and an additional $12,469 as cost recovery reimbursement for the Department’s expenses associated with its investigation.

Wilkins Fuel Company and Howard C. Wilkins are the owners and operators of a bulk fuel storage and retail facility located at 700 South Washington Street in Milford. The fuel storage facility has seven active underground storage tanks and, according to DNREC’s documentation, the owners have been operating these tanks out of compliance since May 2007.

On Nov. 19, 2008, the Department issued a notice of violation (NOV) to the owners of Wilkins Fuel requiring them to submit the necessary documentation to demonstrate that they returned to compliance within 30 days. The violations include: failure to demonstrate that the tanks and lines are not leaking, failure to demonstrate that the tanks are not corroding in the ground, failure to have vapor control equipment, and failure to carry insurance to pay for the cleanup of any leaks from the tanks and underground piping that could potentially contaminate drinking water supplies in the local area.

Wilkins Fuel Company failed to take any action on the NOV, which increased the risk of contaminating groundwater and the environment with harmful petroleum chemicals.

The owners of Wilkins Fuel Company have 30 days to request a public hearing before the Order becomes binding.

To view the Order, please visit http://www.dnrec.delaware.gov/Info/Pages/SecOrders.aspx .