To Go Stores, a retail chain operator, faced allegations from the Environmental Protection Agency that it violated the Resource Conservation and Recovery Act and Puerto Rico Underground Storage Tank Regulations at multiple facilities. The case, filed in March 2022, involved violations related to underground storage tank management and monitoring requirements under federal and territorial environmental laws.
In the joint stipulation filed Thursday, both parties agreed the company had met all termination criteria specified in the original consent decree. As Judge Garcia-Gregory wrote in the brief order, 'the Court hereby terminates the Consent Decree' after finding that 'Defendant has met the criteria for termination set forth in Paragraph 81.' The EPA confirmed through the Justice Department that To Go Stores had completed installation of compliance monitoring systems at all required facilities and satisfied reporting obligations.
The consent decree, entered as a judicial order on March 7, 2022, required To Go Stores to install compliance monitoring systems at additional facilities listed in the agreement's appendix and complete extensive compliance and reporting requirements. The company also paid civil penalties and any accrued stipulated penalties as required under the settlement.
The original environmental violations centered on alleged failures to properly manage underground storage tanks under the Solid Waste Disposal Act and Puerto Rico's Department of State Regulation Number 4362. The EPA filed the complaint concurrently with the consent decree in 2022, streamlining resolution of the environmental compliance issues through the negotiated settlement.
Under the consent decree's termination provisions, To Go Stores was required to submit 'a signed certificate of compliance with this Decree and PRUSTR' along with supporting documentation before requesting termination. The company served its termination request on the United States, triggering the informal conference process outlined in the settlement agreement.
The termination represents a successful completion of the environmental remediation process, with the EPA agreeing that To Go Stores had 'satisfactorily complied with the requirements for termination.' The case demonstrates the consent decree process working as intended, allowing companies to resolve environmental violations through negotiated compliance rather than protracted litigation.
For practitioners in environmental law, the case illustrates the EPA's continued focus on underground storage tank compliance in Puerto Rico and the structured approach federal agencies take to monitoring and enforcing consent decree obligations. The termination also shows how companies can successfully navigate environmental enforcement actions through comprehensive compliance programs.