EPA v. POTOMAC GERMAN AUTO, INC.; LKQ NORTHEAST, INC., C/O LKQ CORP (LKQ PICK YOUR PART)

Case summary

On September 22, 2021, Region III entered into an Administrative Order on Consent ( AOC with the LKQ Corporation subsidiaries, Potomac German Auto, Inc. and LKQ Northeast, Inc. ( Respondents ) which requires them to correct industrial stormwater violations at seven automotive salvage yards in Maryland and Pennsylvania in order to comply with the requirements of the facilities applicable state General Permit for Stormwater Discharges Associated with Industrial Discharges (collectively, General Permits ). In the AOC, EPA alleged the following violations of the Respondents' NPDES General Permits: (1) failure to comply with permit requirements concerning the Storm Water Pollution Prevention Plan ( SWPPP ) at one facility; (2) failure to comply with permit requirements concerning the Preparedness, Prevention and Contingency ( PPC ) Plan at one facility; (3) failure to implement adequate control measures or take corrective action at three facilities; (4) failure to provide adequate erosion and sediment controls at three facilities; (5) failure to adequately conduct or report compliance - quarterly visual inspection at five facilities; (6) failure to adequately conduct or report compliance - benchmark monitoring at one facility; and (7) failure to conduct or adequately document routine inspections at six facilities. As a result of these failures to comply with the terms and conditions of the General Permit, the Respondents violated Section 301 of the CWA, 33 U.S.C. 1311. To correct these violations, the AOC requires the Respondents to: (1) provide to EPA the most recent version of the SWPPP (for Maryland facilities) and PPC Plan (for Pennsylvania facility); (2) increase the frequency of visual inspections and routine facility inspections from quarterly (as required by the General Permits) to monthly, for the remainder of year 2021 through December 31, 2023; (3) submit to EPA, for the years 2021 through 2023, an Annual Industrial Stormwater Audit for each facility, along with completed Monthly Inspection Forms; (4) within sixty (60) days of completion of the Audit for each facility, provide to EPA a Corrective Action Plan ( CAP ) to address any deficiencies identified in the Annual Audit for that facility; and (5) implement each CAP in full. EPA Regional staff have consulted with MDE and PADEP during the development of this action, and have also coordinated with staff in EPA Headquarters and other EPA Regions who are similarly addressing violations at LKQ facilities across the country.

Defendants (2)

• LKQ NORTHEAST, INC., C/O LKQ CORPORATIONNamed in complaintNamed in settlement
• POTOMAC GERMAN AUTO, INC.Named in complaintNamed in settlement

Facilities (7)

• LKQ PENN MAR

  269 RIVER ROAD, YORK HAVEN, PA, 17370-9009

  Registry ID: 110020546168

• LKQ PICK YOUR PART - HAWKINS

  2801 HAWKINS POINT RD, BALTIMORE, MD, 21226

  Registry ID: 110064515555

• LKQ PICK YOUR PART - BALTIMORE

  6201 ERDMAN AVENUE, BALTIMORE, MD, 21205-3504

  Registry ID: 110067640066

• LKQ PENN MAR

  269 RIVER ROAD, YORK HAVEN, PA, 17370-9009

  Registry ID: 110020546168

• LKQ PICK YOUR PART (EDGEWOOD)

  1706 PULASKI HIGHWAY, EDGEWOOD, MD, 21040

  Registry ID: 110070814809

• LKQ HEAVY TRUCK PARTS

  29368 MATTHEWSTOWN ROAD, EASTON, MD, 21601

  Registry ID: 110070814805

• LKQ PICK YOUR PART / MOUNT AIRY

  3923 TWIN ARCH RD, MOUNT AIRY, MD, 21771

  Registry ID: 110067631254

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• POTOMAC GERMAN AUTO, INC.; LKQ NORTHEAST, INC., C/O LKQ CORP (LKQ PICK YOUR PART)entered 2021-12-08

  Primary law: CWA

  Federal penalty: $130,000

Timeline (4 milestones)

• 2021-12-08Complaint Filed/Proposed Order
• 2021-12-08Final Order Issued
• 2021-12-14Enforcement Action Data Entered
• 2022-01-13Enforcement Action Closed