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

Case summary

DECEMBER 16, 2021 - ADMINISTRATIVE ORDER ON CONSENT: On April 28, 2021, representatives of the EPA, in conjunction with ?PD,performed a Compliance Stormwater Evaluation Inspection (CS WEI) at Respondents' Facility at 2401 Highway 42 North, Jenkinsburg, GA 30234, to evaluate the Respondents' compliance with the requirements of Section 30 l of the CWA, 33 U.S.C. ? l 311; the regulations promulgated thereunder at 40 C.F.R. ? 122.26; and the ISGP. At the conclusion of the CSWEI, the EPA requested a set of documents and information as a follow up to the CSWEI. On May 12, 2021, the Respondents sent a letter in response to the EPA's information Request at the conclusion of the April 28, 2021 CSWEI. On June 14, 2021, the EPA issued an Inspection Report to the Respondents. On July 9,202.1, the EPA issued the Notice of Violation and an Opportunity to Show Cause (to the Respondents) Pursuant to Section 309(a) of the Clean Water Act (CWA), 33 u.s.c. ? 1319. In accordance with Section 402(p) of the CWA, 33 U.S.C. ? I 342(p), and its implementing regulations, based on the CSWEJ and due to the hydrology of the Facility and historic rainfall data, 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 tributaries to Yellow Water Creek and Lee Creek. Yellow Water Creek and Lee Creek are the waters 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, the EPA held, and 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 lSGP:

Defendants (2)

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

Facilities (1)

• LKQ STORAGE AREA EXPANSION

  2401 HWY 42 N, JENKINSBURG, GA, 30234

  Registry ID: 110070147248

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