PRARA NEWS ESTABLISHED 1937 July 2014 76 YEARS OF SERVICE TO PETROLEUM RETAILERS AND AUTO REPAIR DEALERS IN PENNSYLVANIA New Members 2 Rack Prices 2 USTIF Claims Info 2 Pa. Sues Major Oil 6 Golf Outing Photos 7 State Payback to USTIF 9 Golf Sponsors Wounded Warriors 10 General Counsel Corner 11 CCAC West Hill Class Schedule 14 Member to Member Services 16-17 Classifieds 19 Used Tire Pickup/ Used Oil 19 Articles of Interest President’s Page 3 Nancy’s Notes 2 General Counsel Corner 11 IN THIS ISSUE... Monthly Columns 2014 OFFICERS PRESIDENT Jeff Decker 1ST VICE PRESIDENT DENNIS BUDZYNSKI 2ND VICE PRESIDENT GAUTTAM PATEL SECRETARY TREASURER Ray Moore BOARD OF DIRECTORS Jesse Huey Dinesh Mittal Kamlesh Shah John Listak OFFICE STAFF Executive Director Nancy Maricondi Secretary Clara Peters
Transcript
PRARA NEWSESTABLISHED 1937 July 2014
76 YEARS OF SERVICE TO PETROLEUM RETAILERS AND AUTO REPAIR DEALERS IN PENNSYLVANIA
New Members 2Rack Prices 2USTIF Claims Info 2Pa. Sues Major Oil 6Golf Outing Photos 7State Payback to USTIF 9Golf Sponsors Wounded Warriors 10General Counsel Corner 11CCAC West Hill Class Schedule 14Member to Member Services 16-17Classifieds 19Used Tire Pickup/ Used Oil 19
* 10% ethanollTax of .606 cents per gallon and .011 cent
indemnification fund & .0012 cent Oil Spill Tax are notincluded in rack price.
Superfund tax eliminated
WELCOMENEW MEMBERS
NANCY’SNOTES
USTIB Meeting June 19, 2014Claim Information as of June 1, 2014New Claims received 66Claims reopened 8Claims closed by payment 69Claims denied 28Claims withdrawn 15Total claims closed 115Total open claims 1238Claims closed by payment 69Amount Paid $18,279,633.55Average Cost per claim $264,992.08Total assets $267,061,052.Total Receipts $63,360,403.Total Disbursements $41,387,179Net Receipts over Disburse $21,973,224
No New Members
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PRESIDENT’S PAGE by Jeff Decker
www.libertyusa.com
“SOLUTIONS SUCCESS” : Liberty USA Sales
QUALITY SOLUTIONS PROVIDED BY LIBERTY USA:
®
Happy Fourth of July! I am happy toannounce that we have surpassed lastyears total for the Wounded WarriorProject. It was once again a great time.Thank you, thank you, with out yourhelp we wouldn’t of been able to do it.Such a great group of guys and gals.Hopefully you all had as much fun as Idid. I want to thank the Army Guys fromMt. Pleasant they are a pleasure and weappreciate them coming out every year.Hopefully you all have a great summer.Thanks again to all of you.
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Experience• Efficiency • EffectivenessMoody’s Underground Storage Sample of ServicesTank (UST) Management servicesrange from tank removal through Underground Storage TankServices site characterization, full Contamimated Soil andscale remidation, and closure ofcontaminated sites. Our certified Ground Water RemediationOSHA trained licensed professionalgeologists and staff can assist you Environmental Assessmentsthrough the PA DEP Storage Tank Site CharacterizationsProgram’s regulations with theend result being an Environmental Brownfield Site AssessmentsRelease of Liability for your site.
USTIF’s philosophy is movingtowards Pay for Performance (PFP) type contracts for their UST sites. www.moody-s.com Moody’s is working with our clientsand USTIF on PFP contracts and we are ready to help you at yourUST site. Meadville PA Houston PA Canton OH Waverly NY
Commonwealth Sues Major Oil Companies for Environmental Damage Inflicted onPennsylvania’s Natural ResourcesLawsuits Also Target Misuse of the Underground Storage Tank Indemnification Fund
Harrisburg – Attorneys representing the Commonwealth of Pennsylvania filedseparate lawsuits in the Philadelphia Court of Common Pleas today, seeking relief for thewidespread pollution and harm done to Pennsylvania’s waters caused by gasoline containingthe additive known as MTBE, and reimbursement for misuse of the Pennsylvania UndergroundStorage Tank Indemnification Fund (USTIF).
Methyl tertiary butyl ether (MTBE), a chemical additive that oil companies manufacturedand used in gasoline, was distributed and sold throughout Pennsylvania beginning in the1970’s. It was phased out as a gasoline additive in Pennsylvania in 2005.
The first suit, filed by Attorney General Kathleen Kane and Governor Tom Corbett’sGeneral Counsel James Schultz, seeks to recover millions of dollars paid by theCommonwealth to clean up MTBE groundwater pollution. The lawsuit also seeks monetarydamages for the loss of groundwater use and damages for the water resources of theCommonwealth, as well as injunctive relief, fines and penalties relating to unfair and deceptivetrade practices and marketing of MTBE and MTBE gasoline.
“When we entrust the Commonwealth to the hands of others we expect that theywill care for it as we do, however, when companies pollute something so precious as ourwater this cannot and will not be overlooked,” said Attorney General Kane.
“MTBE-related spills over the past twenty years have cost Pennsylvania hundreds ofmillions of dollars,” said General Counsel Schultz. “We cannot take the health of Pennsylvania’swaters for granted and their protection must remain our utmost priority.”
Since 1994, more than 3,000 gasoline releases have occurred from undergroundstorage tanks at gas stations and other petroleum facilities located in every Pennsylvaniacounty. Over 75 percent of these spills and leaks involved MTBE gasoline, which is substantiallymore difficult to clean up than MTBE-free gasoline.
The lawsuit alleges that the oil companies knew of MTBE’s unprecedented risk togroundwater, but nevertheless used it as an additive in gasoline sold in Pennsylvania. It alsodetails how MTBE is more persistent and mobile in groundwater, which increases the size,complexity, duration and cost of MTBE gasoline clean-ups, many of which continue to thisday. Minute amounts of MTBE render water non-potable due to foul and putrid smell andtaste.
A number of other states and governmental bodies are suing or have sued oilcompanies for MTBE groundwater pollution, with substantial recoveries achieved.
A second lawsuit filed by Attorney General Kane and General Counsel Schultz seeksreimbursement of funds, initially disbursed by USTIF to 36 named defendants, to clean upgasoline spills, regardless of whether they were MTBE related or not.
The USTIF lawsuit alleges that, the defendants had numerous releases prior to 1994which were ineligible for reimbursement from the USTIF and that the defendants collectedin excess of one billion dollars under their commercial, captive and mutual insurance policiesfor the same corrective action costs covered by the USTIF.
The USTIF lawsuit further asserts that the defendants chose to not disclose whatthey knew about the pre-1994 releases and that they failed to inform the Commonwealthabout their insurance recoveries. The Commonwealth alleges that these “double-dip” USTIFpayments are prohibited by law and that the oil companies must disgorge the payments.
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July 2014
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.
Quality GASOLINE and TRANSPORT Service Since 1972
Great Reputation, Competitive Pricing
Celebrating 25 Years of Dependable Service to Independent Gasoline Retailers in Western PA
Contact Ron Rotolo 724-333-5964
Branded/Unbranded Gasoline, E85, Bio Diesel, On Road/Off Road, Kerosene
PPC Lubricants & PRARA are proud to announce a new OIL PROGRAM specifically tohelp put thousands of dollars back in your pocket. Quarterly rebates , advertising,andexcellant products. Call Dave Ondik Today! 412-719-0063
July 2014
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Environmental Specialists, Inc.
Hazardous and Non-Hazardous Waste Management Services
Wastewater Treatment
Used Oil and Used Antifreeze Recycling Services
Aqueous and Solvent Based Parts Washing Technologies
EPA and OSHA Compliance and Reporting Services
Industrial Maintenance and Vacuum Truck Services
Used Oil Fuel Sales and Used Oil for Re-refining Sales
Windshield Washer Fluid, Recreational Antifreeze, and Diesel Exhaust Fluid(DEF) Sales
Complete Transportation Services
Serving Ohio, Western Pennsylvania, Northern West Virginia, Southeast Michigan and Maryland
The Office of Budget recently finalized the Memorandum of Understanding (“MOU”) between the InsuranceDepartment/USTIF and The Office of Budget that contains the terms for the repayment of the remaining balance($67million) of the $100 million loan that USTIF made to the General Fund in 2002. To my knowledge thiswas not a loan, but money taken. As you know, this memorandum replaces the original Memorandum ofUnderstanding, which was set to expire at the end of this month. The recently finalized MOU anticipates thatUSTIF will be repaid at least $7 million per year beginning in the fiscal year 2015/2016, with the loanrepayment term running through fiscal year 2028/2029. Once again to my knowledge this MOU is notbinding. So whether or not we ever see this money is yet to be seen.
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Our sincerest thanks to the following sponsors for The Wounded Warrior Outing
$100 SponsorBradigan’s Listak Gulf Sheriff Bill MullenBulava & Associates Purvis Bros Jim & Judy SchwartzBerardi Dunkin Donut Reed Oil Keystone PetroleumGulf LP R& W Oil Products Letterle& Associates$200 SponsorA J Silberman Robinson Young & AssociatesATM Cash World PPC LubricantsGroundwater Environmental ServicesGottschalk & Gottschalk George I Reitz & SonsCenter Independent Oil Guttman Energy$500 Corporate SponsorEnvironmental SpecialistsMcRo ConstructionSunocoLunch Sponsor Petroleum ProductsGoodie Bags A J Silberman & PRARABeverage Sponsor Pinnacle Group$300 Cash Prize Liberty USAA special thanks to our volunteers: Jeff Decker, Mary Ann Decker, Jesse Huey &Dennis Budyznski
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GENERAL COUNSEL CORNERBy Peter H. Gunst, Esquire
Second Immigration Alert: They Can Get You Coming Or Going
Some months ago, we warned of the penalties that small employers could incur when employees fail toproperly fill out Form I-9’s, or the employers fail to obtain adequate documentation authenticatingemployees’ work status. We recounted the experience of Ketchikan Drywall Services, Inc., a smallWashington state contractor that incurred a fine of $173,250 for its sloppy hiring practices.
Now, the Department of Justice is going against small employers for being too demanding by requesting specificdocumentation from new hires to verify their employment eligibility.
In the last two months alone, the Department of Justice has issued four press releases concerning settlementsentered into with small employers who were accused of violating the Immigration and Nationality Act (“INA”),either by demanding from foreign employees specific documentation issued by the Department of HomelandSecurity in order to verify their employment eligibility, or by requiring permanent residents to present new eligibilitydocumentation when their Permanent Resident cards expired.
The penalties that the employers paid to settle the complaints lodged against them were substantial, ranging from$40,500 to $115,000.
The small employer finds itself caught between Scylla and Charybdis. If it is too lax in obtaining documentation, itfaces the risk of substantial penalties. If it is too demanding in the documentation that it requires, it also faces therisk of substantial penalties.
The Department of Justice has defined the line that employers must walk between being too lax or too demanding:
The anti-discrimination provision of the Immigration and Nationality Act (INA) prohibits unfair documentarypractices during the employment eligibility verification (Form I-9) process. In general, employers may notrequest more or different documents than are required to establish a worker’s identity and eligibility to workin the United States or reject documents that appear to be reasonably genuine upon their face. They mustaccept all documents that are sufficient to complete the form as long as they appear reasonably genuine ontheir face and relate to the employee. For example, all individuals who possess a driver’s license andunrestricted Social Security card may present those documents to satisfy Form I-9 requirements. Similarly,employers may not require aliens to produce “green cards” or United States citizens who appear “foreign”to produce birth certificates. Instead, it is the employee’s choice which of the acceptable Form I-9 documentsto present.
For more information, an employer should consult the “Handbook for Employers” that the U.S. Citizenship andImmigration Services has placed on the internet.
The bottom line is that the Form I-9 process must be completed carefully. Otherwise, the government may get youone way or the other.
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Precise Tank Modifications, Inc. PO Box 274, Madison, PA 15663
Donald J. Maughan, President Phone: (724) 446-3516 James R. Preisach, Project Manager Fax: (724) 446-0175
Celebrating 25 Years in the Auto Industry!Don Parker Sales is the leading automotive service equipment dealer in the Western Pennsylvania, Eastern Ohio, and West Virginia areas.We specialize in the sales, service and installation of automotive lifts, lube and exhaust systems, wheel service equipment,body shop equipment, and car wash equipment. We are well known for our light and heavy duty automotive lifts, manufactured bythe global leader in lifting systems, Rotary Lift, of whom we are an Authorized Equipment Installer. We also offer a full line of shop equipmentas well as car wash products and equipment and are certified through the ALI Automotive Lift Institute.
Please call us at 1-800-837-4086 or email [email protected] to schedule preventative maintenance, repair, or to schedule anappointment with a sales representative who will help you find the right equipment to meet your needs.
Don Parker Sales is registered with the Commonwealth of Pennsylvania as a Woman Business Enterprise.
Automotive Service Equipment
Car Wash Equipment
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If you have a service that would be useful to your fellow PRARA members,give us a call at (412) 241-2380 and we will list your name and product/service in our future monthly issues.
George I Reitz & SonsSandy Crawford East Pittsburgh PA412-824-9976
Shockey Excavating, Inc George Shockey 724-282-3669
The Weavertown GroupJohn Lavezoli- Carnegie724-746-4850
Views expressed in editorials andtext are not always the opinion ofPRARA. Furthermore, PRARA isnot liable for any claims/promises
made by advertiaers.
McRo Construction Inc.Donald Rothey Jr.--Elizabeth, PA412-384-6051
Inventory ServiceStrangis & Swaney724-493-4090
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If you have a service that would be useful to your fellow PRARA members,give us a call at (412) 241-2380 and we will list your name and product/service in our future monthly issues.
Parts/Petroleum Equip.George I Reitz & Sons, Inc.Sandy Crawford--E Pittsburgh, PA412-824-9976
