The Department of Energy and Environmental Protection can order a gas station operator to hire a remediation expert and to submit regular reports about remediation efforts. The respondent, Drake Petroleum, operates a gasoline service station with 8,000-gallon underground storage tanks in Westbrook. Soil and groundwater at the site became polluted with petroleum. In 2003, Drake installed a soil vapor extraction remediation system. Drake filed quarterly groundwater reports to the predecessor of the Department of Energy and Environmental Protection. It also submitted phase III investigation reports and remedial action plans. In 2010, Drake modified the soil vapor extraction remediation system. Although Drake appealed the commissioner's January 2011 order, it signed a contract to continue to investigate and to remediate pollution and to file quarterly reports. Except for ordinary maintenance and repair, if the soil vapor extraction remediation system ceases to operate, Drake shall inform the department with 24 hours. Environmental Compliance Services, which is managing the remediation process, indicates that pollution is decreasing.

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