EPA v. LKQ ADVANCED AUTO RECYCLING INC

Case summary

On February 15, 2017, EPA-Region 1 entered into an expedited settlement agreement with LKQ Advanced Auto Recycling, Inc., addressing violations of the Oil Pollution Prevention regulations at 40 C.F.R. Part 112, promulgated under Section 311(j) of the Clean Water Act at its facility in Cumberland, Rhode Island. On April 5, 2016, EPA conducted a Spill Prevention Control and Countermeasure (SPCC) inspection and observed that the facility did not have a fully implemented SPCC plan. In particular, the plan did not bear the stamp of the certifying professional engineer, failed to cross-reference with the requirements in 40 C.F.R. Part 112, and the plan did not include a discussion regarding actions required to fully comply with 40 C.F.R. Part 112. In addition, the EPA inspector observed that the facility?s fixed and portable oil storage containers lacked secondary containment. The purpose of the SPCC program is to prevent oil spills before they happen, thus the need for a properly prepared and implemented plan is critical to the success of the program. Pursuant to the agreement, LKQ Advanced Auto Recycling, Inc. will pay a $4,900 penalty. This settlement will ensure that LKQ Advanced Auto Recycling, Inc. is implementing necessary precautions to reduce the occurrence and severity of oil spills at its facility..

Defendants (2)

• LKQ CorporationNamed in complaintNamed in settlement
• LKQ Advanced Auto Recycling, Inc.Named in complaintNamed in settlement

Facilities (1)

• LKQ ADVANCED AUTO RECYCLING

  290 CURRAN ROAD, CUMBERLAND, RI, 02864

  Registry ID: 110043695061

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• LKQ ADVANCED AUTO RECYCLING INCentered 2017-02-15

  Primary law: CWA

  Federal penalty: $4,900

Timeline (3 milestones)

• 2017-02-15Complaint Filed/Proposed Order
• 2017-02-15Final Order Issued
• 2017-02-16Enforcement Action Data Entered