EPA Fines Brockton, Mass. Company for Alleged Clean Water Act Violations
Publilshed by the U.S. Environmental Protection Agency (EPA)
BOSTON (May 30, 2024) – The U.S. Environmental Protection Agency recently reached an agreement with an auto dealer, warehouser, and scrap metal seller based in Brockton, Massachusetts for alleged violations of the Clean Water Act. As a result of EPA’s action, Everett’s Auto Parts, Inc. agreed to come into compliance and pay a penalty of $74,551.
“It is of the utmost importance for companies to understand the permits they need and what they mean so that we can protect oceans, rivers, and streams as well as the surrounding community from contaminated water and oil spills,” said EPA New England Regional Administrator David W. Cash. “Companies have an even greater responsibility when it comes to communities who have had more than their fair share of pollution. Let this action serve as a reminder to companies who have obligations under the Clean Water Act to follow the regulations closely to protect human health and the environment.”
In August 2022, EPA conducted an inspection of Everett’s Auto Parts three co-located facilities in Brockton and East Bridgewater, Massachusetts. As part of its industrial operations, Everett’s Auto Parts discharges stormwater to waters of the United States and is therefore subject to EPA’s Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (MSGP). In addition, Everett’s Auto Parts has an aboveground oil tank storage capacity that subjects it to the Oil Pollution Prevention regulation.
At the time of EPA’s inspection, the company had authorization to discharge stormwater associated with industrial activity from its facility under three separate MSGP permits. EPA alleged that while Everett’s Auto Parts had coverage to discharge stormwater associated with industrial activity under these permits, it failed to list its scrap metal activities under the permit, which requires additional sampling parameters.
In addition, EPA alleged that the company failed to identify all discharge points (also known as outfalls) and to conduct sufficient monitoring efforts. EPA also alleged that Everett’s Auto Parts failed to fully implement its Spill Prevention, Control, and Countermeasure Plan including failing to have adequate secondary containment for its storage tanks.
Background
The Clean Water Act prohibits the discharge of pollutants to navigable waters unless in compliance with, among other things, a Clean Water Act National Pollutant Discharge Elimination System or NPDES Permit.
For stormwater discharges, facilities can apply for coverage under a general permit. In states not authorized to administer the NPDES program, such as Massachusetts, the EPA’s MSGP applies. The MSGP requires facilities to submit a Notice of Intent to be covered under the general permit; prepare and implement a Stormwater Pollution Prevention Plan (SWPPP); conduct inspections, monitoring, and sampling; and meet other requirements, all designed to prevent or reduce the discharge of stormwater containing pollutants to surface waters. As previously stated, Everett’s Auto Parts had applied and received coverage under the MSGP.
Under the Clean Water Act, EPA promulgated the Oil Pollution Prevention regulations to establish procedures to prevent the discharge of oil from non-transportation related onshore facilities into the waters of the United States or adjoining shorelines. Owners or operators of onshore facilities that, due to their location, could reasonably be expected to discharge oil in “harmful quantities” into the waters of the United States, must prepare and implement a Spill Prevention, Control, and Countermeasure (SPCC) Plan as required under the Clean Water Act. They must also provide adequate secondary containment for all aboveground storage tanks.
More information:
Clean Water Act Enforcement: https://www.epa.gov/enforcement/water-enforcement
Read the full article at: https://www.epa.gov/newsreleases/epa-fines-brockton-mass-company-alleged-clean-water-act-violations
