West Virginia Record

Sunday, October 13, 2019

West Virginia claims underground storage tanks' owner broke the law

By Kari Valence | Nov 2, 2015

GRAFTON, W.V. -- The West Virginia Department of Environmental Protection (WVDEP) recently sued a real estate company for allegedly violating the state's Underground Storage Tank Act.

Scott G. Mandirola, director of the Division of Water & Waste Management in the WVDEP, filed the lawsuit on July 31 in Taylor Circuit Court against TRC Realty, LTD, alleging the Ohio-based company failed to properly register ownership of three underground tanks with the state, failed to properly close one of the tanks, failed to notify the state about a change in ownership related to the tanks and failed to pay various penalties. 

Mandirola claims TRC is the owner/operator of three underground storage tanks located at the intersection of U.S. Route 50 and U.S. Route 199 in Grafton, and that said tanks were found to be in violation of safety codes, ownership transfer notification and payment plan upkeep. Mandirola alleges TRC was given time to comply and fix violations as well as pay fees, but the company has failed to do so.

Mandirola is asking that TRC be required to pay all fees and correct all violations, plus pay a civil penalty of no more than $10,000 per tank per day of its violation of rules, as well as a civil penalty not to exceed $25,000 per day for code violation, as well as any further relief the court deems just. Mandriola is represented by Andrew F. Tarr of the WYDEP's Office of Legal Services in Charleston, West Virginia. 

Taylor County Circuit Court case number 15-C-45

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West Virginia Department of Environmental Protection

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