Press Release
FOR IMMEDIATE RELEASE
Date: 03/12/2008

Contact person(s):

Media Coordinator, Donna Edwards - 565-3099 Media Spokesperson, Assistant District Attorney Christine M. Cook

Santa Rosa, Sonoma County, California

AIRPORT FUELING COMPANY FINED $50,000 IN
UNDERGROUND STORAGE TANK CASE

Sonoma County District Attorney Stephan R. Passalacqua announced today the settlement of a civil enforcement action against Apex Aviation Corporation, Santa Rosa, requiring the airplane fueling and services company to pay $50,000 in civil penalties and remove four underground storage tanks (UST) and two (2) above ground storage tanks from the Sonoma County Charles Schulz Airport location.

"The safe and lawful operation of underground storage tanks, particularly at an airport facility, is a matter of public concern and the District Attorney’s Office will continue to work with local regulatory officials to assure compliance with these important laws," said DA Passalacqua.

The District Attorney alleged that Apex Aviation Corporation, failed to comply with the state’s underground storage tank laws by operating four (4) jet fuel and diesel tanks without required permits, failing to maintain proof of financial responsibility, failing to install automatic line leak detectors, operating the tanks without a continuous monitoring system, and other UST regulations. Many of the alleged violations are believed to have taken place from a date beginning three or four years prior to and continuing up to the date of the filing of the lawsuit.

According to the terms of the stipulated settlement filed with the Sonoma County Superior Court on March 5, 2008, Apex Aviation Corporation will pay $40,000 in civil penalties for the alleged UST violations per Health and Safety Code Section 25299(b) and an additional $10,000 in civil penalties per Business and Professions Code Section 17200 for allegedly engaging in acts of unfair competition.

The settlement also requires Apex Aviation Corporation to remove its four under-ground storage and two above-ground storage tanks within 60 days and to assess the site for contamination and to remediate any contamination which may be found at the site within one year. Failure to perform these tasks in a timely manner may subject the company to an additionally $150,000 in additional penalties. The settlement has been submitted for review to, and only becomes final upon the approval of, a Sonoma County Superior Court Judge.

The case was referred to the District Attorney by Sonoma County Department of Emergency Services Inspector Linda Collister. Deputy District Attorney Jeffrey W. Holtzman was assigned primary litigation responsibility for the case.