What federal acts are included in the Environmental Laws that a Petro Stopping Center franchisee must comply with?
Petro_Stopping_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
20.1 Compliance with Laws. You agree, at your sole cost and expense, to comply with all federal, state, county and municipal laws, rules, regulations, ordinances, orders, directives and requirements of all governmental authorities and public officers whether present or future, foreseen or unforeseen, ordinary or extraordinary, or shall involve any governmental change in policy, which may be applicable to the Site, the Petro Center or your operations at the Site (collectively, "Laws"). Your obligations include environmental conditions, including without limitation atmospheric, soil, ground water and surface water conditions, and obligations arising under the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. ("RCRA"), the Comprehensive Environmental Response, Compensation & Liability Act, 42 U.S.C. 9601 et seq. ("CERCLA"), the Water Pollution Control Act, 33 U.S.C. 1251 et seq., the Occupational Safety and Health Act of 1979, 29 U.S.C. 651, et seq., ("OSHA"), the Clean Air Act, 42 U.S.C. 7401 et seq., the Emergency Planning and Community Right to Know Act of 1986, 42 U.S.C.11001, et seq., Safe Drinking Water Act, 42 U.S.C. 300f, et seq., together with any amendments thereto, regulations promulgated thereunder and all successor legislation and regulations thereof to any and all of the above (collectively, "Environmental Laws").
Source: Item 17 — RENEWAL TERMS. (FDD pages 208–228)
What This Means (2025 FDD)
According to the 2025 Petro Stopping Center Franchise Disclosure Document, franchisees must comply with several federal acts and regulations related to environmental protection. These Environmental Laws include obligations arising under the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA), and the Water Pollution Control Act. Additionally, franchisees must adhere to the Occupational Safety and Health Act of 1979 (OSHA), the Clean Air Act, the Emergency Planning and Community Right to Know Act of 1986, and the Safe Drinking Water Act.
Compliance with these laws is at the franchisee's sole cost and expense. This encompasses all federal, state, county, and municipal laws, rules, regulations, ordinances, orders, directives, and requirements from governmental authorities. The obligations extend to environmental conditions, including atmospheric, soil, ground water, and surface water conditions.
Petro Stopping Center franchisees are responsible for curing any violations of these Environmental Laws that occur during their term. This includes the remediation of any discharges of contaminants, where "Discharge" is defined broadly within Environmental Laws to include any action resulting in the release of a contaminant. "Contaminant" also has a broad definition, covering toxic substances, hazardous waste, pollution, petroleum, asbestos, and other hazardous materials. Franchisees must immediately notify Petro Stopping Center in the event of any violation of Environmental Laws, including a Discharge of Contaminants.
The franchisee is required to indemnify and defend Petro Stopping Center from any claims arising out of their failure to comply with these environmental regulations. This indemnification covers remediation and response costs, remediation plan preparation costs, and monitoring and closure costs, ensuring that the franchisee bears the financial responsibility for environmental compliance and any associated liabilities.