The U.S. Environmental Protection Agency has recently reached an agreement with Everett's Auto Parts, an auto dealer, warehouser, and scrap metal seller based in Brockton, Massachusetts, for alleged violations of the Clean Water Act. The settlement ensures that the company will come into compliance with the regulations and pay a penalty of $74,551.
In August 2022, EPA conducted an inspection of Everett's Auto Parts' three co-located facilities in Brockton and East Bridgewater, Massachusetts. The company discharges stormwater to waters of the United States as part of its industrial operations and is therefore subject to EPA's Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity. Additionally, Everett's Auto Parts has an aboveground oil tank storage capacity that subjects it to the Oil Pollution Prevention regulation.
At the time of the inspection, the company had authorization to discharge stormwater associated with industrial activity from its facility under three separate MSGP permits. However, EPA alleged that Everett's Auto Parts failed to list its scrap metal activities under the permit, which requires additional sampling parameters. The agency also alleged that the company failed to identify all discharge points, also known as outfalls, and to conduct sufficient monitoring efforts.
Furthermore, EPA 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. These alleged violations of the Clean Water Act prompted the EPA to take action against the company.
EPA New England Regional Administrator David W. Cash emphasized the importance of companies understanding the permits they need and what they mean to protect oceans, rivers, streams, and the surrounding community from contaminated water and oil spills. He stated, "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."
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 Permit. For stormwater discharges, facilities can apply for coverage under a general permit, such as the EPA's MSGP, which applies in states not authorized to administer the NPDES program, like Massachusetts.
Under the Clean Water Act, EPA also 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 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 Plan and provide adequate secondary containment for all aboveground storage tanks.
