EPA v. LKQ CORPORATION, LKQ SOUTHEAST, INC., LKQ PICK YOUR PART SOUTHEAST LLC,

Case summary

DECEMBER 16, 2021 - ADMINISTRATIVE ORDER ON CONSENT: On January 14, 2021, the EPA issued an Information Request pursuant to Section 308 of the Clean Water Act, 33 U.S.C ? 1318, to the Respondents. On January 28, 2021, the Respondents sent a letter in response to the EPA's Information Request. 16. On July 9, 2021, the 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. In accordance with Section 402(p) of the CWA, 33 U.S.C. ? 1342(p), and its implementing regulations, based on the Facility's response to the EPA's information request, 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, there has been a drainage ditch and outfalls for discharges of stormwater associated with industrial activity from the Facility to an unnamed tributary of Chattanooga Creek. Chattanooga 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, the EPA held, and Respondents participated in, a show cause meeting. Based on the information received in response to the EPA's Information Request, and information received at and following the show cause meeting, the EPA 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 TMSP: a. Part 4.6 of the TMSP requires a facility discharging to waters with unavailable parameters or waters considered an Exceptional Tennessee Water to include additional requirements in its Stormwater Pollution Prevention Plan (SWPPP), including additional inspections, expedited responses to issues identified during inspections, and additional documentation and certifications. The unnamed tributary of Chattanooga Creek is a water with unavailable parameters. The SWPPP did not contain the additional requirements discussed above, and the measures and erosion controls identified in the SWPPP were insufficient to adequately prevent or control pollutants from entering into stormwater, which is a violation of Part 4.6 of the TMSP.

Defendants (3)

• LKQ PICK YOUR PART SOUTHEAST LLC,Named in complaintNamed in settlement
• LKQ SOUTHEAST, INC.,Named in complaintNamed in settlement
• LKQ CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• LKQ PICK YOUR PART SOUTHEAST LLC

  400 WORKMAN ROAD, CHATTANOOGA, TN, 37410

  Registry ID: 110069996438

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• LKQ CORPORATION, LKQ SOUTHEAST, INC., LKQ PICK YOUR PART SOUTHEAST LLC,entered 2021-12-16

  Primary law: CWA

Timeline (2 milestones)

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