EPA v. ALPHA USED AUTO PARTS

Case summary

8/3/15 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. FINDINGS OF FACT: ON FEB 15, 2015, EPA CONDUCTED A SITE VISIT AT RESPONDENT'S FACILITY. ON MAY 18, 2015, EPA RE-VISITED THE FACILITY. BASED ON THE EPA SITE VISITS AND SUBSEQUENT CONVERSATIONS WITH RESPONDENT, EPA DETERMINED THAT: A. FACILITY HAS OVER 50 AUTO/TRUCK BODIES WITH DRIVELINES (ENGINE, TRANSMISSION, AXLES, AND WHEELS), 50 DRIVELINES, OR ANY COMBO THEREOF (IN WHOLE OR IN PARTS) THAT ARE EXPOSED TO STORMWATER; AND/OR OVER 50 UNITS PER YEAR ARE OR HAVE BEEN DISMANTLED AND AUTOMOTIVE FLUIDS ARE DRAINED OR STORED IN AREAS EXPOSED TO STORMWATER. B. THE FACILITY HAS STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY FROM AN AUTOMOBILE SALVAGE YARD AS IDENTIFIED BY 40 CFR 122.26(b)(14)(vi) AND SIC 5015 AND IS THEREFORE SUBJECT TO THE PROVISIONS OF CWA 402(p) AND THE GEPD JUNE 1, 2012 PERMIT. C. RESPONDENT HAD NO COVERED AREA IN WHICH TO DISMANTLE VEHICLES IN WHICH TO LIMIT EXPOSURE TO RAINFALL AS REQUIRED BY THE PERMIT. RESPONDENT HAS STATED THAT HE IS WILLING TO CONSTRUCT A COVERED GARAGE FOR THE PURPOSE OF DISMANTLING VEHICLES AND STORING AUTOMOBILE FLUIDS, AND HAS AGREED TO COMPLETE THE CONSTRUCTION. D. RESPONDENT HAS FAILED TO SUBMIT A NOI REQUESTING COVERAGE UNDER THE JUNE 1, 2012 PERMIT. RESPONDENT HAS STATED THAT HE CURRENTLY HAS LESS THAN 50 VEHICLES ON SITE AND DISMANTLES LESS THAN 50 VEHICLES IN A YEAR DUE TO THE ECONOMY, ALTHOUGH ADMITTED THAT HE HAS DISMANTLED MORE THAN 50 VEHICLES IN THE PAST. THEREFORE, RESPONDENT HAS VIOLATED CWA 301 AND 402(p) BY FAILING TO OBTAIN AN NPDES PERMIT FOR A FACILITY THAT HAS STORMWATER DISCHARGES AND CONDUCTS INDUSTRIAL ACTIVITIES AS DEFINED BY THE CWA IMPLEMENTING REGS. ORDER: WITHIN 120 DAYS, RESPONDENT SHALL SUBMIT AN NOI AND ASSOCIATED DOCUMENTS TO THE GEPD REQUESTING COVERAGE UNDER THE CURRENT GENERAP PERMIT NO. GAR050000 AND CONCURRENTLY NOTIFY EPA OF THE NOI SUBMITTAL. WITHIN 120 DAYS, RESPONDENT SHALL SUBMIT TO EPA (a) COPY OF THE NOI SUBMITTED TO GEPD; (b) COPY OF THE STORMWATER POLLUTION PREVENTION PLAN. WITHIN 120 DAYS, RESPONDENT SHALL COMPLETE CONSTRUCTION OF THE GARAGE STRUCTURE FOR THE PURPOSE OF CONDUCTING THE VEHICLE DISMANTLING AND AUTOMOBLE FLUIDS STORAGE UNDER COVER THEREBY LIMITING RAINFALL EXPOSURE OF THIS INDUSTRIAL ACTIVITY.

Defendants (1)

• ALPHA USED AUTO PARTS (SB)Named in settlement

Facilities (1)

• ALPHA USED AUTO PARTS

  1037 DONALD LEE HOLLOWELL PARKWAY NW, ATLANTA, GA, 30318

  Registry ID: 110063616136

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• ALPHA USED AUTO PARTSentered 2015-08-03

  Primary law: CWA

Timeline (4 milestones)

• 2015-08-03Final Order Issued
• 2015-08-13Enforcement Action Data Entered
• 2016-01-01Enforcement Action Closed
• 2016-01-01NPDES Closed