The People of the State of California v. Bay Area/Diablo Petroleum Co. dba Golden Gate Petroleum, Golden Gate Petroleum Co., Westgate Petroleum Company Inc., East Gate Petroleum LLC dba Golden Gate Petroleum, Dennis O'Keefe, and Does 1 through 20
Published: Aug. 25, 2023 | Result Date: Mar. 6, 2023 | Filing Date: Sep. 7, 2018 |Case number: RG18919828 Settlement – $1,700,000
Judge
Court
Alameda County Superior Court
Attorneys
Plaintiff
Dennis L. Beck Jr.
(Office of the Attorney General)
Kevin T. Wong
(Office of the Alameda County District Attorney)
Susan J. Krones
(Office of the Lakeport County District Attorney)
Charles David Eyster
(Office of the Mendocino County District Attorney)
Johnene L. Stebbins
(Office of the Santa Clara District Attorney)
Jason M. Bussey
(Office of the Santa Clara District Attorney)
Caroline B. Fowler
(Office of the Sonoma County District Attorney)
Defendant
Wallace E. Smith
(Squire Patton Boggs LLP)
Facts
After an investigation revealed that several gas station owners and operators recurrently failed to properly maintain, install, implement, and operate required spill prevention and safety measures since at least 2013, California Attorney General Rob Bonta along with district attorneys from the counties of Alameda, Lake, Mendocino, Santa Clara, and Sonoma filed suit in 2018 against several owners and operators of gas stations: Bay Area/Diablo Petroleum dba Golden Gate Petroleum, Westgate Petroleum Company, Eastgate Petroleum, and Dennis O'Keefe.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants violated state environmental laws while operating their above- and underground storage tank systems for their gas stations. Specifically, plaintiffs alleged 107 violations relating to defendants' failure to: install or maintain leak monitoring and detection systems, and functioning spill containment systems; continuously monitor and conduct necessary testing of underground storage tank systems; properly label and contain hazardous waste; and properly notify, and comply with local agencies' directions as to the release of hazardous substances.
DEFENDANTS' CONTENTIONS: Defendants denied all material contentions and allegations.
Result
The case settled, requiring defendants to pay $1.7 million in civil penalties, and imposing multiple injunctive terms including complying with annual reporting requirements, and employing an environmental compliance coordinator.
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