EPA, Missouri car dealership reach settlement over alleged Clean Water Act Violations

Sept. 22, 2020

The U.S. Environmental Protection Agency (EPA) and CarMax Auto Superstores Inc. have reached a settlement to resolve alleged violations of the Clean Water Act at the company’s Independence, Missouri, car dealership. According to EPA, CarMax discharged thousands of gallons of gasoline into a creek adjacent to the facility from corroded piping attached to a petroleum storage tank used to fill up the facility’s cars.

Under the terms of the settlement, the company agreed to pay a $119,440 civil penalty.

Once CarMax became aware of the ongoing discharges to Camp Creek in July 2019, the company notified EPA’s National Response Center and the Missouri Department of Natural Resources (MDNR) and initiated cleanup of the creek. CarMax has committed to a complete cleanup and has begun that work, with oversight by MDNR, and estimates it will cost more than $1 million when finished.

Facilities that store 1,320 gallons or greater of oil products in aboveground storage tanks are subject to Clean Water Act regulations that require, among other things, proper containment to contain oil releases, inspections of tanks and piping, and integrity testing of oil storage equipment. EPA alleges that CarMax failed to comply with these requirements, and that such noncompliance contributed to the discharges to Camp Creek.

The settlement is detailed in a Consent Agreement and Final Order that will be subject to a 30-day public comment period.

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