EPA v. LKQ CORPORATION LKQ SOUTHEAST, INC.

Case summary

FEBRUARY 6, 2023 - CONSENT AGREEMENT On June 28, 2017, Respondents submitted an NOI to ADEM requesting coverage under the Permit for the Facility. The authorization became effective on October 1, 2017, and expires on September 30, 2022, and requires Respondents to comply with all provisions of the Permit. On October 21, 2020, the EPA sent an Information Request Letter ( Information Request ), pursuant to Section 308 of the CWA, 33 U.S.C. ? 1318, to Respondents requesting information related to Respondents' management of stormwater at the Facility to assess compliance with the CWA, the regulations promulgated thereunder at 40 C.F.R. ? J 22.26, and the Permit. On October 27, 2020, the EPA and ADEM performed a Compliance Stormwater Evaluation Inspection (CSWEI) to evaluate Respondents' management of stormwater at the Facility to assess compliance with the CWA, the regulations promulgated thereunder at 40 C.F.R. ? 122.26, and the Permit. During the CSWEI of the Facility, EPA's inspectors observed: (a) The facility's NOI and BMP plan did not reflect the current conditions of the facility. Specifically, the facility did not correctly identify the receiving water as Three Mile Creek, an impaired stream for sediment, and failed to include additional BMPs that had been implemented at the site in response to past BMP failures. (b) A number of BMPs, including berms and diversions, were observed during the inspection as having failed and having been in need of maintenance and/or additional measures. A review of the facility inspections showed that many of these concerns were regularly reported over a period of time. (c) The pH monitoring performed at the facility did not comply with test procedures. Specifically, pH analysis was not performed within 2 hours of the sample collection. Respondents' responses to the Information Request were received by the EPA on November 4, 2020. 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 National Pollutant Discharge Elimination System. On August 17, 2021, the EPA held, and Respondents participated in, a show cause meeting. Based on the CSWEI and review of additional information, the Respondents have violated Section 301 of the CWA, 33 U.S.C. ? 1311, due to Respondents' failure to comply with the Permit and the CWA implementing regulations. Specifically, the EPA alleges the following violations:

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
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• LKQ CORPORATION LKQ SOUTHEAST, INC.entered 2023-02-06

  Primary law: CWA

  Federal penalty: $75,000

Timeline (5 milestones)

• 2023-02-06Final Order Issued
• 2023-02-06Complaint Filed/Proposed Order
• 2023-02-16Enforcement Action Data Entered
• 2023-03-02NPDES Closed
• 2023-03-02Enforcement Action Closed