EPA v. PULL-A-PART OF AUGUSTA, LLC

Case summary

AUGUST 26, 2024 - SPCC Expedited Settlement Agreement On March 21, 2023, United States Environmental Protection Agency (EPA) conducted an inspection of the Respondent's facility located at 327 Sand Bar Ferry Road, Augusta, Georgia 30901 (the Facility), to determine compliance with the Oil Pollution Prevention regulations promulgated at 40 C.F.R. Part 112 under Section 311(j) of the Clean Water Act (CWA), as amended, 33 U.S.C. ? 1321(j). EPA determined that Respondent, as owner of the Facility, violated the Oil Pollution Prevention regulations as noted on the attached ?Spill Prevention Control and Countermeasure Plan (SPCC) Inspection Findings, Alleged Violations, and Proposed Penalty Form? (Form), which is incorporated by reference. EPA is authorized to enter into this Expedited Settlement Agreement (ESA) under the authority of Section 311(b)(6)(B)(i) of the CWA, 33 U.S.C. ? 1321(b)(6)(B)(i), as amended by the Oil Pollution Act of 1990, and 40 C.F.R. ? 22.13(b). The parties enter into this ESA to settle the the civil violations described in the Form for a penalty of $1,450. EPA finds Respondent is subject to the Oil Pollution Prevention regulations and has violated the regulations as described in the Form. Respondent admits it is subject to the Oil Pollution Prevention regulations and that EPA has jurisdiction over Respondent and Respondent's conduct as described. Respondent does not contest the inspection findings and neither admits nor denies the allegations in the Form. Respondent also waives any objections it may have to EPA?s jurisdiction, any rights to contest the allegations, and its right to appeal this ESA and Final Order. Respondent consents to the assessment of the penalty stated above. Respondent certifies, subject to civil and criminal penalties for making a false submission to the United States Government, that the violations identified in the Form have been corrected and the Facility is now in full compliance with the Oil Pollution Prevention regulations (or that the violations will be corrected and the Facility brought into full compliance with the Oil Pollution Prevention regulations within an alternative timeframe agreed to by EPA in writing). Respondent agrees to pay the penalty assessed within thirty (30) calendar days of the effective date of this ESA. Instructions for making the penalty payment are enclosed with this ESA as Attachment A and incorporated herein by reference.

Defendants (1)

• PULL-A-PART OF AUGUSTA, LLCNamed in complaintNamed in settlement

Facilities (1)

• PULL-A-PART OF AUGUSTA, LLC

  327 SAND BAR FERRY RD, AUGUSTA, GA, 30901

  Registry ID: 110071434782

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• PULL-A-PART OF AUGUSTA, LLCentered 2024-08-26

  Primary law: CWA

  Federal penalty: $1,450

Timeline (4 milestones)

• 2024-08-26Complaint Filed/Proposed Order
• 2024-08-26Final Order Issued
• 2024-09-10Enforcement Action Closed
• 2024-09-20Enforcement Action Data Entered