Stillwater Holdings files appeal of Ecology’s penalty for Walla Walla gasoline spill

WALLA WALLA – Time is running out for Stillwater Holdings LLC, Wine Country Store
LLC, and Ben Kleban to pay a $738,000 penalty issued by the Washington State
Department of Ecology for a 2023 gasoline spill at a downtown Chevron in Walla Walla.
Additionally, the LLCs have been ordered to pay $4.1 million in cost recovery for the
spill response and pollution mitigation expenses.

Ecology said Tuesday that the penalty was sent on Sept. 2 and the parties responsible
have 30 days to pay the penalty in full, set up a payment plan or appeal the Pollution
Control Hearings Board.

“Unfortunately, we have no choice but to appeal both Ecology’s penalty and cost
reimbursement claims in an attempt to save our business and family livelihood,” Ben
Kleban said in a statement to Elkhorn Media Group.

Kleban said the appeal was filed on Monday, which Ecology confirmed it received on
Tuesday.

“Despite the failure of the investigation and testing to confirm the source of the leak, we
spent $1 million in insurance funds to comply with the cleanup orders and voluntarily
granted access for installation of a massive water treatment system on our property,”
Kleban said. “We also voluntarily shared documentation with Ecology to prove we have
no more financial resources to contribute.”

“We are a small, local, and family-owned business now buried in debt and we’re just
trying to survive each day,” Kleban adds.

Ecology Eastern Regional Office Communications Manager Stephanie May explained
when a penalty is appealed, it goes to the Pollution Control Hearings Board. The
Washington Environmental and Land Use Hearings Office explained filing an appeal is a
three-step process. Prepare a written document that identifies the decision being
appealed and the reasons for the appeal including a copy of the document being
appealed; file the document with the Pollution Control Hearings Board; and serve the
agency that issued the decision being appealed.

According to Ecology, a fuel spill contaminated nearly 2,500 gallons of groundwater,
prompting an emergency evacuation in downtown Walla Walla. On Sept. 14, 2023, the
Marcus Whitman Hotel was evacuated due to gasoline odors and harmful vapors
detected in the basement and nearby buildings. Investigations showed the fuel came
from a Chevron underground tank. Under Washington law, Stillwater Holdings LLC,

Wine Country Store LLC, and Ben Kleban must manage the cleanup, but it remains
incomplete.

“We are deeply saddened and troubled that all our diligence and good faith efforts have
been met with such harsh and punitive treatment from our state government,” Kleban
said. “The penalty and costs levied against us pale in comparison to large corporations
that have intentionally harmed the environment. We will continue to do everything we
can to seek fairness and justice, but this is truly a situation of David vs. Goliath.”

File photo

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Elkhorn Media Group