EPA v. NDP, LLC, D/B/A NEW DIXIE USED AUTO PARTS

Case summary

9/9/15 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. ORDER STATES: EPA ALLEGES THAT RESPONDENT HAS VIOLATED SECTIONS 301 AND 402(p) OF THE CWA, FOR FAILURE TO OBTAIN A VALID NPDES PERMIT FOR A FACILITY THAT HAS STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY AS DEFINED BY THE CWA AND ITS IMPLEMENTING REGULATIONS FROM JULY 1, 2012 UNTIL APRIL 6, 2015. ORDER ON CONSENT: THE RESPONDENT SHALL CEASE ALL UNAUTHORIZED DISCHARGES OF STORMWATER FROM INDUSTRIAL ACTIVITY FROM THE FACILITY TO WATERS OF THE U.S. WITHOUN A CWA NPDES PERMIT WITHIN NINETY (90) DAYS OF THE EFFECTIVE DATE OF THIS AOC. IF THE RESPONDENT CHOOSES TO COMPLY BY CEASING ALL DISCHARGES, THE RESPONDENT SHALL SUBMIT A WORK PLAN TO EPA WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS AOC. IF THE RESPONDENT INTENDS TO COMPLY BY OBTAINING A CWA NPDES PERMIT THAT AUTHORIZES DISCHARGES FROM THE FACILITY, THE RESPONDENT SHALL: A. REPORT TO THE EPA ON THE SUBMISSION OF A NOI AND ASSOCIATED DOCUMENTS TO GAEPD WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS AOC. B. SUBMIT A COPY OF REVISED STORWATER POLLUTION PREVENTION PLAN (SWPPP) TO THE EPA WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS AOC. C. SUBMIT ANY BENCHMARK MONITORING CONDUCTED FROM FEBRUARY 1, 2015 THROUGH THE FIRST SIXTY DAYS FOLLOWING THE EFFECTIVE DATE OF THIS AOC. D. SUBMIT ONE QUARTERLY VISUAL ASSESSMENT FOR EACH OUTFALL FOR THE FIRST QUARTER FOLLOWING THE EFFECTIVE DATE OF THIS AOC.

Defendants (2)

• NDP, LLCNamed in settlement
• NEW DIXIE USED AUTO PARTSNamed in settlement

Facilities (1)

• NEW DIXIE USED AUTO & TRUCK PARTS

  947 DONALD LEE HOLOWELL PARKWAY, NW, ATLANTA, GA, 30318

  Registry ID: 110063616118

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• NDP, LLC, D/B/A NEW DIXIE USED AUTO PARTSentered 2015-09-09

  Primary law: CWA

Timeline (4 milestones)

• 2015-09-09Final Order Issued
• 2015-09-21Enforcement Action Data Entered
• 2016-01-01NPDES Closed
• 2016-01-01Enforcement Action Closed