What is the geographic limit of the injunctions described in relation to Petro Stopping Center?
Petro_Stopping_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
ct in the matter or any violation of law. Under the Final Judgment, pursuant to California Health and Safety Code sections 25299.01, 25299.04, 25145.4, 25181, 25184, 25515.6, and 25515.8, and the Unfair Competition Law as set forth in California Business and Professions Code section 17203, Defendants are enjoined and restrained from failing to comply with the following legal requirements at Defendants' facilities in the State of California: (a) the provisions of Chapter 6.5 of Division 20 of the California Health and Safety Code, and its implementing regulations and local regulations under the jurisdiction of the applicable Certified Unified Program Agency ("CUPA"), Participating Agency ("PA") or Unified Program Agency ("UPA" (as defined in California Health and Safety Code section 25123.7(b)(c) and (d)) that are applicable to generators of hazardous waste; (b) the provisions of Chapter 6.7 of Division 20 of the California Health and Safety Code, and its implementing regulations and local regulations under the jurisdiction of the applicable CUPA, PA, or UPA related to the installation, operation, modification, repair or closure of underground tank systems; (c) the provisions of Chapter 6.95 of Division 20 of the California Health and Safety Code, and its implementing regulations and local regulations under the jurisdiction of the applicable CUPA, PA, or UPA related to hazardous materials; and (d) all related regulations and county ordinances and all county and State of California permits and written orders based on those statutes and regulations in addition to those set forth above. Defendants also agreed to pay a total of $14 million in civil penalties, attorneys' fees and costs, and for supplemental environmental projects. At any time after the Final Judgment has been in effect for 5 years and Defendants have paid all amounts due under the Final Judgment, the Defendants may file a motion requesting a Court order that the permanent injunctive provisions under the Final Judgment
Source: Item 3 — LITIGATION (FDD pages 15–25)
What This Means (2025 FDD)
According to the 2025 FDD, the injunction against BP West Coast Products, LLC et al. is limited to facilities within the State of California. The injunction requires the Defendants to comply with specific California Health and Safety Code sections and the Unfair Competition Law at their facilities in California. These regulations pertain to the operation and maintenance of underground storage tanks, handling of hazardous wastes, reporting of hazardous materials, and prohibitions against unfair business practices related to gasoline station facilities.
Specifically, the injunction mandates adherence to provisions related to hazardous waste generators, underground tank systems, and hazardous materials, as well as related regulations, county ordinances, and state permits. The defendants also agreed to pay $14 million in civil penalties, attorneys' fees and costs, and for supplemental environmental projects.
This means that Petro Stopping Center franchisees should be aware that these injunctions apply specifically to operations within California and are focused on compliance with California's environmental and business regulations. It is important to note that after the Final Judgment has been in effect for 5 years and all amounts due have been paid, the Defendants can request the Court to remove the permanent injunctive provisions.