EPA v. LESTER MCELROY DBA ADAMS WRECKING II

Case summary

THIS ORDER IS BEING ISSUED FOR SEVERAL NPDES VIOLATIONS. KC 2/24/12 The EPA promulgated stormwater regulations in 1990 and 1999, in response to 1987 amendments to the Clean Water Act (CWA). On March 10, 2011, inspectors from the EPA conducted a CWA National Pollutant Discharge Elimination System (NPDES) stormwater inspection of Adam’s Wrecking II (Respondent) located at 30586 E. Highway 50, La Junta, Colorado 81050. At the time of the inspection, the Respondent had not sought or obtained authorization from the Colorado Department of Public Health and Environment (CDPHE) to discharge stormwater from the site under the applicable general permit or any individual permit. The EPA alleged that the Respondent violated the requirements of the CWA by failing to seek and obtain a discharge permit for the discharge of regulated stormwater to “Waters of the United States”. Respondent is identified as an automobile recycler (SIC code 5015), under the Colorado Discharge Permit System general permit for Stormwater Discharges Associated With the Recycling Industry issued by CDPHE on December 1, 2006. On June 28, 2011, Respondent submitted a notice of intent to CDPHE indicating Respondent’s intent to have industrial stormwater discharged from the Site covered by the Permit. The EPA and Respondent entered into a Combined Complaint and Consent Agreement (CCCA), for which the Final Order was issued March 14, 2012.

Defendants (1)

• LESTER MCELROY DBA ADAMS WRECKING IINamed in complaintNamed in settlement

Facilities (1)

• ADAMS WRECKING

  30586 EAST HIGHWAY 50, LA JUNTA, CO, 81050

  Registry ID: 110043469298

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• LESTER MCELROY DBA ADAMS WRECKING IIentered 2012-03-14

  Primary law: CWA

  Federal penalty: $2,000

Timeline (4 milestones)

• 2012-01-26Complaint Filed/Proposed Order
• 2012-02-24Enforcement Action Data Entered
• 2012-03-14Final Order Issued
• 2012-08-30Enforcement Action Closed