Michael S. Regan 16th Administrator, United States Environmental Protection Agency | Official Website
The U.S. Environmental Protection Agency (EPA) has reached an agreement with Everett's Auto Parts, Inc., a Brockton, Massachusetts-based auto dealer, warehouser, and scrap metal seller, over alleged violations of the Clean Water Act. The company has agreed to comply with regulations 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 inspected Everett's Auto Parts' three co-located facilities in Brockton and East Bridgewater, Massachusetts. The company's industrial operations discharge stormwater into waters of the United States, making it subject to EPA's Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (MSGP). Additionally, its aboveground oil tank storage capacity subjects it to Oil Pollution Prevention regulation.
During the inspection, EPA found that while Everett's Auto Parts had authorization under three separate MSGP permits for stormwater discharge associated with industrial activity, it failed to list its scrap metal activities under these permits—activities which require additional sampling parameters. Furthermore, EPA alleged that the company did not identify all discharge points (outfalls) or conduct sufficient monitoring efforts. It also claimed that Everett's Auto Parts did not fully implement its Spill Prevention, Control, and Countermeasure Plan by failing to provide adequate secondary containment for its storage tanks.
The Clean Water Act prohibits discharging pollutants into navigable waters unless compliant with a National Pollutant Discharge Elimination System (NPDES) Permit. For stormwater discharges in states like Massachusetts where NPDES is not state-administered, facilities must apply for coverage under EPA’s MSGP. This includes submitting a Notice of Intent for permit coverage; preparing and implementing a Stormwater Pollution Prevention Plan (SWPPP); conducting inspections; monitoring; sampling; and meeting other requirements aimed at preventing or reducing pollutant discharge via stormwater.
Under Oil Pollution Prevention regulations promulgated by EPA pursuant to the Clean Water Act, non-transportation related onshore facilities must prepare an SPCC Plan if their location could reasonably be expected to discharge oil in harmful quantities into U.S. waters or adjoining shorelines. They must also ensure adequate secondary containment for all aboveground storage tanks.
More information on Clean Water Act enforcement can be found at: https://www.epa.gov/enforcement/water-enforcement
