June 15, 2006

A plea agreement has been reached with Big M, Inc., along with its owners and operators to resolve criminal charges filed by the Wayne County Prosecutor’s Office for allegedly tampering with “red-tags” that were affixed by the Department of Environmental Quality to prohibit the delivery of gasoline to the underground storage tanks at their gasoline station located in Belleville.

The DEQ uses red-tags to prohibit delivery of gasoline to underground storage tank systems that are in violation of the law, and when efforts by DEQ staff to achieve voluntary compliance have failed.

“Underground Storage Tanks must be operated in full compliance with the law to ensure our environment and our citizens are not being put at risk,” said DEQ Director Steven E. Chester. “While the use of red-tags is our last resort, it is often a necessary action that leads to prompt correction of violations.”

A criminal investigation was initiated by the DEQ’s Office of Criminal Investigations when staff suspected the owner or operator had removed the red-tags to allow delivery of gasoline. The DEQ was authorized under state law to affix the red-tags to the station’s gasoline tanks because Big M, Inc. was found in violation for having failed to provide insurance and pay registration fees.

An owner of a petroleum UST system is to provide evidence of financial responsibility in the form of insurance to ensure that corrective actions are implemented to clean up a release of petroleum if the person is liable for the release.

Under the plea agreement, Big M, Inc. will pay $1,000 in fines and court costs.

In Fiscal Year 2005 the DEQ “red-tagged” 641 USTs that were being operated and maintained in violation of the law at nearly 200 facilities.

Editor’s note: DEQ news releases are available on the department’s Internet home page at www.michigan.gov/deq.

“Protecting Michigan’s Environment, Ensuring Michigan’s Future”

Revised June 15, 2006 by Pat Watson