For Release: Thursday, June 10, 2010
Clifton Springs Man Arrested for Gasoline Spill
More Than 1,200 Gallons Seeped from Canandaigua Station
A Clifton Springs man has been charged with endangering public health, following a New York State Department of Environmental Conservation (DEC) investigation into a long-term gasoline leak at a Canandaigua service station, Regional Captain Michael Van Durme announced today.
J. Thomas Schaeffer II, 57, faces two charges related to the loss of more than 1,200 gallons of gasoline from Tom's Mobil Station on Main Street in Canandaigua: endangering public health, safety or the environment in the 3rd degree, a felony; and failure to keep daily inventory records relating to a bulk petroleum storage facility, a misdemeanor. Schaeffer was arraigned in Canandaigua City Court and released until his next court date Friday, June 11, 2010.
The charges result from DEC's investigation into an underground release of gasoline from the station last fall, following a citizen's complaint about strong fumes. Upon investigation, DEC found a leak under a pump at Tom's Mobil and determined that gasoline had been seeping into the ground and a nearby sewer line for several weeks.
State law mandates that gas station owners take volume records daily, reconcile daily tank inventory records every 10 days and report any gains or losses of inventory to the DEC.
The investigation revealed Schaeffer had not reconciled his inventory records from early September 2009 to Nov. 8, 2009 -- the day the source of the spill was identified.
"If the inventory had been reconciled properly, the leak would have been detected and action could have been taken sooner to minimize the amount of pollution that occurred and the threat to public health and safety," Captain Van Durme said.
The felony charge is are punishable by a fine of up to $150,000 and/or up to four years imprisonment. The misdemeanor is punishable by a fine of not less than $3,750 to $37,500 per day of violation, and/or imprisonment for not more than one year.
A contractor hired by Schaeffer has removed and disposed of approximately 826 tons of gasoline contaminated soils. About 37,000 gallons of impacted groundwater were also removed and disposed of at treatment facilities. Three vapor extraction systems were installed to mitigate and prevent vapors in the sewers.
