Storage Tank Enforcement: Alabama Department of Environmental Management and Jefferson County Controlled Substance Supplier Reach Consent Order | Mitchell, Williams, Selig, Gates & Woodyard, LLC

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The Alabama Department of Environmental Management (“ADEM”) and New Frontier Oil, LLC (“New Frontier”) entered into a consent order (“CO”) on April 15 regarding an alleged violation of certain Alabama regulations regarding the delivery of controlled substances.

New Frontier is described as a controlled substances supplier operating in Jefferson County, Alabama.

The CO provides that under ADEM Admin. Code R. 335-6-15-.45(c), when implementing the delivery ban:

. . . it is illegal for any supplier of controlled substances to deliver a controlled substance, and it is illegal for owners and operators of UST systems to accept delivery of a controlled substance to an underground storage facility that is subject to a delivery ban.

New Frontier allegedly delivered a controlled substance to an underground storage facility that was under a delivery ban. The controlled substance was reportedly delivered to Village Fuel Store Stop in Jefferson County, Alabama while they were on a delivery ban. In addition, it is stated that available bills of lading indicate that New Frontier made eight deliveries of a controlled substance to an underground storage facility that was subject to a delivery ban on the dates specified in the CO.

New Frontier neither admits nor denies the allegations contained in the CO.

The CO further provides that in an effort to cooperate with ADEM and resolve the alleged violations, New Frontier consents to the CO and agrees to abide by its terms.

A civil penalty of $15,000 is imposed.

A copy of the CO can be downloaded here.

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