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

Case summary

FEBRUARY 6 ,2023 - CONSENT AGREEMENT: TDEC issued the Storm Water Multi-Sector Permit for stormwater discharges from industrial activities, Permit No. TNR050000 ( Permit ). The Permit for the site was first effective on October 11, 2016, and expired on April 14, 2020. The Permit was reissued on July 20, 2020, and expires on June 30, 2025. Section 7.2 of the Permit states that an expired general permit continues in force and effect until a new general permit is issued. The site, therefore, was still operating under an effective Permit between the Permit expiration on April 14, 2020, and reissuance on July 20, 2020. Coverage under the Permit is obtained by submitting a Notice of Intent (''NOI ) to TDEC. On September 27, 2016, Respondents submitted an NOI to TDEC requesting coverage under the Permit for the Facility. The authorization became effective on October 11, 2016, and expires on June 30, 2025, and requires Respondents to comply with all provisions of the Permit. On January 14, 2021, 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' stonnwater management practices at the Facility to assess compliance with the CWA, the regulations promulgated thereunder at 40 C.F.R. ? 122.26, and the Permit. On January 28, 2021, Respondents sent a 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 review of the Respondents' response to the Information Request and the show cause meeting, the EPA determined that the Respondents had the following deficiencies: (a) The Facility's Stormwater Pollution Prevention Plan (SWPPP) did not include the additional measures required in the permit for facilities discharging to streams considered either Exceptional Tennessee Water or waters with unavailable parameters. (b) The Respondents failed to perform required annual benchmark monitoring at the permitted outfalls. As a result of the review of the information obtained from the Information Request and information received at the show cause meeting, the EPA has determined that stormwater associated with industrial activity was discharged from the Facility within the meaning of Section 402(p) of the CWA, 33 U.S.C. ? 1342(p), and its implementing regulations into waters of the United States. Based on the review of the information obtained from the Information Request and information 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. Specifically, the EPA alleges the following violations: (a) Part 4.6 of the Permit requires facilities discharging to waters with unavailable parameters or considered an Exceptional Tennessee Water to include additional requirements in their SWPPP including, but not limited to, additional inspections, expedited responses to issues identified during inspections, and additional documentation and certifications. From the review of the facility's SWPPP, EPA determined that the plan did not contain the additional requirements discussed in Part 4.6 of the Permit. (b) Part 11, Sector N (Part 5.1) of the Permit requires the permittee to monitor stormwater discharges associated with industrial activities at least once per permit year. From the review of docwnents provided in response to the Information Request, EPA documented the Respondents as having not performed any benchmark monitoring since November 2017.

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
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• LKQ CORPORATION, LKQ SOUTHEAST, INC., AND LKQ PICK YOUR PART SOUTHEAST LLC,,entered 2023-02-06

  Primary law: CWA

  Federal penalty: $60,000

Timeline (5 milestones)

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