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

Case summary

FEBRUARY 6, 2023 - CONSENT AGREEMENT On April 28, 2021, the EPA and EPD 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. At the conclusion of the April 28, 2021, CSWEI, the EPA submitted an Information Request Letter ( Information Request ), pursuant to Section 308 of the CWA, 33 U.S.C. ? 1318, to the Respondents' Facility to assess compliance with the CWA, the regulations promulgated thereunder at 40 C.F.R. ? 122.26, and the Permit. On May 12, 2021, the Respondents sent a letter in response to the EPA's Information Request. On July 9, 2021, the EPA issued the Notice of Violation and Opportunity to Show Cause (to the Respondents) pursuant to section 309(a) of the CWA, 33 U.S.C ? 1319. On August 17, 2021, the EPA held, and Respondents participated in, a show cause meeting. Based on the CSWEI of the Facility and review of the information provided in response to the Information Request and Show Cause meeting, EPA's inspectors observed the following: (a) After the facility's expansion in 2019, an updated NOI was not submitted by the Respondents until April 2021. This was well after the Permit's requirement of updating the NOI prior to commencing of discharges from modifications. (b) The Respondents' Stormwater Pollution Prevention Plan (SWPPP) failed to provide a schedule for housekeeping measures and inappropriately established outfalls and treatment ponds in jurisdictional waters. (c) pH monitoring at the site was not performed within the timetable established by the regulations. (d) The Respondents failed to meet the inspection and maintenance requirements of the Permit. Specifically, inspections did not include evaluations of all pollution sources and pollution control measures and failed to document the times of inspections and whether corrective measues were taken in response to findings. Based on the CSWEI, the information obtained from the Jntormatlon Request, and mtormatlon received at the show cause meeting, 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.

Defendants (2)

• LKQ SOUTHEAST, INCNamed 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
• 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: $80,000

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