EPA v. Mark's Used Auto Parts, Inc. (Compliance Order)

Case summary

4/25/03 - COMPLIANCE ORDER ISSUED. ON JANUARY 16, 2003, REPRESENTATIVES OF THE EPA, IN CONJUNCTION WITH THE NCDENR WINSTON-SALEM REGIONAL OFFICE, PERFORMED AN INSPECTION OF MARK'S USED AUTO PARTS. THE EPA PORTION OF THE INSPECTION WAS A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) TO EVALUATE THE TREATMENT AND DISPOSAL OF STORM WATER AT THE FACILITY IN ACCORDANCE WITH THE CWA AND THE REGULATIONS PROMULGATED THEREUNDER AT 40 CFR PART 126.26 AND THE NCDENR PERMIT. AT THE TIME OF THE CSWEI, MARK'S USED AUTO PARTS COULD NOT PROVIDE DOCUMENTATION THAT A NOI OR INDIVIDUAL PERMIT APPLICATION HAD BEEN FILED, THAT A PERMIT COVERAGE NOTICE HAD BEEN RECEIVED, OR THAT A NO EXPOSURE CERTIFICATION PURSUANT TO 40 CFR SECTION 112.26(g) HAD BEEN FILED WITH THE NCDENR. A SEARCH OF THE NCDENR DATABASE USED TO TRACK THE RECEIPT OF NOIs, PERMIT APPLICATIONS, AND NO EXPOSURE CERTIFICATIONS REVEALS THAT NO SUCH DOCUMENTS HAVE BEEN RECEIVED. EPA DETERMINED DURING THE CSWEI OF JANUARY 16, 2003, THAT MARK'S USED AUTO PARTS HAD DISCHARGED STORM WATER ASSOCIATED WITH INDUSTRIAL ACTIVITY AS DEFINED IN 40 CFR SECTION 122.26(B)(14)(vi) INTO MUDDY CREEK. THEREFORE, MARK'S USED AUTO PARTS VIOLATED SECTIONS 301 AND 402(p) OF THE CWA, BY DISCHARGING STORM WATER ASSOCIATED WITH INDUSTRIAL ACTIVITY WITHOUT COVERAGE UNDER AN APPROPRIATE NPDES PERMIT. NCDENR SUBMITTED A LETTER REQUESTING THAT EPA BE RESPONSIBLE FOR THE ENFORCEMENT OF SECTIONS 301 AND 402(p), FOR MARK'S USED AUTO PARTS. SECTION 308 OF THE CWA, PROVIDES THAT EPA MAY REQUIRE THE SUBMITTAL OF REPORTS AND OTHER INFO TO CARRY OUT THE OBJECTIVE OF THE CWA. SECTION 309(a) OF THE CWA PROVIDES THAT, WHENEVER EPA FINDS THAT ANY PERSON IS IN VIOLATION OF ANY CONDITIONS OR LIMITATION WHICH IMPLEMENTS, INTER ALIA, SECTIONS 301 AND 402 OF THE CWA, EPA MAY ISSUE AN ORDER REQUIRING SUCH PERSON TO COMPLY WITH SUCH CONDITION OR LIMITATION, AND SHALL SPECIFY A TIME FOR COMPLIANCE THAT EPA DETERMINES TO BE REASONABLE.

Defendants (1)

• MARK'S USED AUTO PARTS, INC.Named in settlement

Facilities (1)

• MARK'S USED AUTO PARTS, INC.

  1981 UNION CROSS ROAD, WINSTON SALEM, NC, 27101

  Registry ID: 110014410850

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• MARK'S USED AUTO PARTS, INC.entered 2003-04-25

  Primary law: CWA

Timeline (3 milestones)

• 2003-04-25Final Order Issued
• 2003-05-02Enforcement Action Data Entered
• 2003-06-19Enforcement Action Closed