Downtown Chevron resumes selling gas; state to review liability insurance

Walla Walla’s downtown Chevron resumed selling gas in mid-January, but now the business is facing a new challenge.

In late January, an inspector working for the Department of Ecology notified Ben Kleban of Stillwater Holdings LLC, the owner of the Chevron station, that his pollution liability insurance provider for the gas station's underground storage tanks is not approved in Washington state and is unauthorized to sell gas.

Currently, the Department of Ecology, Department of Revenue and the Office of Insurance Commissioners are reviewing Kleban's insurance provider.

However, Kleban said he never received the notice and is left feeling frustrated because selling gas is his major source of revenue. The Chevron station, 7 E. Rose St., was unable to sell gas for seven months after the gas leak and could only sell regular unleaded gas at times.

“It's been devastating for the business, and you know, we were just trying to get by,” Kleban said.

In December, he had said he planned to resume selling three grades of gas, but no diesel, and was working with Ecology to meet the necessary requirements to do so.

Ecology required him to complete a final system test and submit an operational status notice.

Kleban's status notice needed to include a copy of valid pollution liability insurance, testing records for spill and overfill protection and test results for precision tank tightness, containment sumps and leak detection devices.

After all documentation is received by Ecology, Beth Kercher, the Department of Ecology’s site manager for the Walla Walla leak, wrote that the temporarily closed tanks would go back into operation.

However, without meeting the requirement for liability insurance, Kleban could face penalties from Ecology, including the prevention of fuel deliveries, noncompliance notices and possible fines, said Brook Beeler, the Department of Ecology’s eastern region director.

The Chevron station, Kleban said, has been operating under the understanding it gained approval to sell gas from the Department of Revenue when it reissued his business license.

Beeler said because of a miscommunication from the Department of Revenue, he is operating without proper authority. But, she said, Kleban is allowing Ecology officials access to his property, which is crucial to maintaining public safety and monitoring the surrounding area.

In June 2024, Stillwater Holdings was placed under an enforcement order by Ecology, which is still in effect. A goal of Ecology's is to bring Kleban into compliance and get a long-term cleanup plan put into place.

"We need to see progress," Beeler said.

With an enforcement order in place, Kleban was ineligible for pollution liability insurance through the state.

Kleban applied for the Pollution Liability Insurance Agency’s financial assurance program in October. The state program provides financial insurance required for operations, an additional $1 million for current cleanup efforts and $2 million for future leak cleanup efforts.

A PLIA representative said Kleban was not granted liability insurance from the organization.

Going forward, Ecology plans to continue its cleanup process and is transferring mitigation efforts, such as pumping and treating water before entering city sewers to a new partner, NWFF Environmental.

"This is anticipated to be completed by the end of February and new mitigation equipment has already begun to arrive and be installed," Stephanie May, the communications manager for the Department of Ecology’s Eastern Region said in a written statement.