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

Case summary

FEBRUARY 6, 2023 - CONSENT AGREEMENT On June 13, 2017, Respondents submitted an NOI to ADEM requesting coverage under the Industrial General Permit for the Facility. The authorization became effective on October 1, 2017, expires on September 30, 2022, and requires Respondents to comply with all provisions of the Permit. EPA sent an Information Request Letter ( Information Request ), pursuant to Section 308 to Respondents requesting information related to Respondents' management of stormwater at the Facility to assess compliance with the CWA, the regulations and the Permits.Respondents' responses to the Information Request were received by the EPA on November 13, 2020. On November 10, 2020, the EPA and ADEM performed a Compliance Stormwater Evaluation Inspection (CSWEI) to evaluate Respondents' treatment of stormwater at the Facility to assess compliance with the CWA, the regulations promulgated and the Permits. During the CSWEI of the Facility, EPA's inspectors observed: (a) The facility had undergone recent expansions resulting in clearing and grading of approximately 65 acres. This construction activity had been performed without obtaining coverage under the Alabama Construction General Permit. (b) The NOI and best management practices (BMP) plan for the site did not reflect the current site conditions. Specifically, the plan failed to reflect the current acreage at the site, the immediate receiving water, and the current number of outfalls. (c) The best management practices at the facility were not all implemented in accordance with the site plan and standard practices. Specifically, the facility did not adhere to stream buffer requirements and outfall structures were not constructed in accordance with the BMPplan. On July 9, 2021, EPA issued a Notice of Violation and an Opportunity to Show Cause (to the Respondents). On August 17, 2021, EPA held, and the Respondents participated in, a show cause meeting. Respondents' failure to comply with the Permits and the CWA implementing regulations, and due to discharges not authorized by a NPDES permit. Specifically, the EPA alleges the following violations: (a) According to facility personnel, the facility underwent this expansion and construction activity without obtaining coverage under the Alabama NPDES Construction General Permit. As such, discharges of stormwater during the expansion and construction activity were unpermitted and unauthorized. (b) During the EPA's CSWEI, the recently expanded areas of the facility were observed as having encroached on the required 25-foot stream buffer for the tributary to Dry Creek along the west side of the site. (c) Part II(F)(2) of the Alabama Industrial General Permit requires permittees to provide notice at least 180 days in advance of any facility expansion, production increase, process change, or other action that could result in the discharge of additional pollutants. In 2018?, the facility completed its expansion. clearing and grading an additional 65 acres for use at the site. The facility underwent this expansion without providing the necessary notice to the state until November 2020. (d) Part IV(A)(4)(d) of the Alabama Industrial General Permit requires the BMP Plan be amended whenever there is a change in the facility or change in operation of the facility resulting in a discharge of significant amounts of pollutants. (e) During the EPA's CSWEI, erosion features were observed forming in areas along the west side of the site leading to the adjacent tributary. The erosion control measures identified in the BMP Plan and implemented at the site failed to adequately prevent and/or control pollutants from entering into stormwater.

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
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

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

  Primary law: CWA

  Federal penalty: $250,000

Timeline (5 milestones)

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