factual

Are there any currently effective injunctions involving Petro Stopping Center's parents and affiliates?

Petro_Stopping_Center Franchise · 2025 FDD

Answer from 2025 FDD Document

es**

Currently Effective Injunctions:

The People of the State of California v. BP West Coast Products, LLC et al., Case No. RG13665900. On February 1, 2013, the People of the State of California ("Plaintiff") filed a complaint against, BPPNA, BP West Coast Products LLC, and Atlantic Richfield Company

4922-8379-7797, v. 1 - 7 - ("ARCO") (collectively, "Defendants") in the Alameda County Superior Court alleging violations of requirements imposed by the California Health and Safety Code and related implementing regulations that govern (a) the operation and maintenance of underground storage tanks ("USTs") and UST systems, (b) the handling of hazardous wastes and hazardous substances generated by operation of USTs, UST systems, and motor vehicle maintenance, (c) the reporting of business and area plans relating to the handling of hazardous materials and required responses to a release or threatened release of hazardous materials present at Defendants' facilities in the State of California, and (d) the California Business and Professions Code prohibitions against unfair business practices relating to the Defendants' ownership and operation of their gasoline station facilities in the State of California. On November 17, 2016, the parties entered into a Final Judgment and Injunction Pursuant to Stipulation resolving all claims (the "Final Judgement") pursuant to a compromise and settlement of disputed claims in the complaint for the purpose of furthering the public interest.

Under the Final Judgment the Defendants did not admit to any issue of law or fact 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, Petro Stopping Center's parents and affiliates are subject to a currently effective injunction. A complaint was filed on February 1, 2013, by the People of the State of California against BPPNA, BP West Coast Products LLC, and Atlantic Richfield Company alleging violations of the California Health and Safety Code and related regulations concerning underground storage tanks, hazardous waste handling, and unfair business practices related to gasoline station operations in California. On November 17, 2016, a Final Judgment and Injunction Pursuant to Stipulation was entered into, resolving all claims.

Under the Final Judgment, the defendants did not admit to any violation of law. However, they are enjoined and restrained from failing to comply with specific legal requirements at their facilities in California, including provisions of the California Health and Safety Code related to hazardous waste, underground tank systems, and hazardous materials. They must also adhere to 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.

After the Final Judgment has been in effect for 5 years and all amounts due have been paid, the defendants can request a court order to remove the permanent injunctive provisions. This means that Petro Stopping Center franchisees should be aware that the brand's affiliates are operating under specific legal constraints and financial obligations related to environmental and safety regulations in California, which could indirectly affect the company's overall financial health and operational policies.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.