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

Case summary

DECEMBER 16, 2021 - ADMINSTRATIVE ORDER ON CONSENT: On October 28, 2020, the EPA issued an Information Request pursuant to Section 308 of the Clean Water Act, 33 U.S.C ? 1318, to the Respondents. On November I 0, 2020, representatives of the EPA, in conjunction with AOEM, performed a Compliance Stormwater Evaluation Inspection (CSWEJ). On November I3, 2020, the Respondents sent a letter in response to EPA's Information Request. On December 16, 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). The 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 north and south ends of the property, to the tributary to Dry Creek. Dry Creek is a water of the United States as defined by Section 502(7) of the CWA, 33 U.S.C. ? 1362(7) and its implementing regulation 40 C.F.R ? 122.2. On August 17, 2021, EPA held, and the Respondents participated in, a show cause meeting. Based on the CSWEI, information received in response to the Information Request, and information received at and following the show cause meeting, the EPA has determined that Respondents committed the following violations of Section 301 of the CWA, 33 U.S.C. ? 1311, its implementing regulations at 40 C.F.R. ? 122.26; and the Alabama Permits (lGP and CGP):

Defendants (2)

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

Facilities (1)

• LKQ BIRMINGHAM

  24559 HIGHWAY 79 NORTH, TRAFFORD, AL, 35172

  Registry ID: 110059791113

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

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

  Primary law: CWA

Timeline (2 milestones)

• 2021-12-16Final Order Issued
• 2022-01-06Enforcement Action Data Entered