Township of Harlem v. Environmental Protection Agency

Harlem Township (Harlem or the township) petitions for review of the order of the Pollution Control Board (the Board) which denied reimbursement from the underground storage tank fund for the cost of cleaning up a petroleum spill. Harlem contends that the Board erred in determining that the nozzle from which the gasoline spilled was not part of an underground storage tank system.

The relevant facts are not in dispute. Harlem’s employee, Charles Brockman, reported for work on April 22, 1991, and noticed that fuel had spilled from a pump on the premises over the weekend. The pump was connected…