EPA v. LKQ CORPORATION, LKQ SOUTHEAST, INC.,

Case summary

DECEMBER 16, 2021 - ADMINISTRATIVE ORDER ON CONSENT: On October 21, 2020, the EPA issued an Information Request pursuant to Section 308 of the Clean Water Act, 33 U.S.C ? 13I8, to the Respondents. On October 27, 2020, representatives of the EPA, in conjunction with ADEM, performed a Compliance Stormwater Evaluation Inspection (CSWEI). On November 4, 2020, the Respondents sent a letter in response to EPA's Information Request. On December 9, 2020, the EPA issued an Inspection Report to the Respondents. On July 9, 2021, EPA issued the Notice of Violation and an Opportunity to Show Cause (to the Respondents) Pursuant to Section 309(a) of the CWA, 33 U.S.C. ? 1319 National Pollutant Discharge Elimination System. EPA has determined that from the time industrial operations at this Facility began, to present, stormwater associated with industrial activity generally discharged from the Facility through a drainage ditch and outfalls on the northeast side of the property, to Three Mile Branch to Galbraith Mill Creek. 20. Three Mile Branch and Galbraith Mill Creek are waters of the United States. Based on the foregoing Findings of Fact and Determinations of Law and pursuantto the authority of Sections 308 and 309(a) of the CWA, 33 U.S.C. ?? 1318 and 1319(a), IT IS HEREBY ORDERED AND AGREED TO that Respondents shall comply with the following requirements: a. The Respondents shall, within sixty (60) days of the Effective Date of this AOC - Perform a review of the sampling and analysis methods implemented at the site and ensure that all methods comply with the applicable sampling and analysis methods identified in 40 C.F.R. Part 136. ii. Begin performing and documenting all inspections performed and any corrective actions taken in response to inspection findings. Documentation of The inspection and corrective actions should be maintained by the Facility in accordance with the permit requirements. Revise the Facility's BMP Plan to include updated Facility information, incorporate the additional BMPs implemented in response to the receiving water being an impaired stream, identify all BMPs implemented at the site, and incorporate additional BMPs to address deficiencies identified during Facility inspections; including the erosion features and breaches of several berm structures. Respondents shall submit a copy of the Revised BMP Plan to the EPA and ADEM.

Defendants (2)

• LKQ SOUTHEAST, INC.,Named in complaintNamed in settlement
• LKQ CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• LKQ MONTGOMERY, AL

  5112 LOWER WETUMPKA ROAD, MONTGOMERY, AL, 36110

  Registry ID: 110067234022

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• LKQ CORPORATION, LKQ SOUTHEAST, INC.,entered 2021-12-16

  Primary law: CWA

Timeline (2 milestones)

• 2021-12-16Final Order Issued
• 2022-01-05Enforcement Action Data Entered