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EPA in Missouri

Public Notice: CarMax Auto Superstores, Inc.

Publish Date: 09/14/2020



In accordance with Section 311(b)(6) of the Clean Water Act (“CWA”), 33 U.S.C. § 1311(b)(6)and 40 C.F.R. § 22.45 of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits (“Consolidated Rules”), the Environmental Protection Agency (“EPA”) is providing notice of a proposed Administrative Penalty Assessment against CarMax Auto Superstores, Inc. for alleged violations at the CarMax automobile sales facility located in Independence, Missouri.

Under Section 311(b) of the CWA, 33 U.S.C. § 1311(b), the EPA is authorized to issue orders assessing civil penalties for various violations of the CWA.  The EPA may issue such orders after filing a Complaint commencing either a Class I or Class II penalty proceeding.  The EPA provides notice of the proposed assessment of a Class II civil penalty pursuant to 33 U.S.C. § 1311(b)(6)(b)(ii).  Class II proceedings are conducted under the EPA’s Consolidated Rules, 40 C.F.R. Part 22.

In this case, the EPA alleges that Respondent violated the terms of its Spill Prevention, Countermeasure and Control Plan, which led to the discharge of approximately 19,000 gallons of petroleum into Camp Creek, a water of the United States in violation of Section 311 of the CWA, 33 U.S.C. § 1321.  Respondent has reached agreement with the EPA on the terms of a proposed Consent Agreement/Final Order which would resolve this matter.  Under the proposed Consent Agreement/Final Order, Respondents will pay a civil penalty of $119,440 for the illegal discharge and SPCC Plan violations.  Final approval of the proposed Consent Agreement/Final Order is subject to the requirements of 40 C.F.R. § 22.45.

The EPA will receive written comments on the proposed Administrative Penalty Assessment for a period of thirty (30) days from the date of publication of this notice.  All such comments shall be submitted to the Regional Hearing Clerk at the email address provided below.  The procedures by which the public may submit written comments on a proposed Class II order or participate in a Class II proceeding, and the procedures by which a respondent may request a hearing, are set forth in the Consolidated Rules.  Persons wishing to obtain additional information on the proceeding, receive a copy of the EPA’s Consolidated Rules, review the proposed Consent Agreement/Final Order, comment upon the proposed penalty assessment, or otherwise participate in the proceeding should contact Lisa Haugen, Regional Hearing Clerk, at or 913-551-7877.  Please reference Docket No. CWA-07-2020-0142.  For Technical questions contact Mark Aaron, Enforcement and Compliance Assurance Division, at or 913-551-7205.  Persons with legal questions may contact Chris Muehlberger, Office of Regional Counsel, at or 913-551-7623. In order to provide opportunity for public comment, the EPA will issue no final order assessing a penalty in this proceeding prior to forty (40) days from the date of this notice.

/s/ David Cozad
David Cozad

Enforcement and Compliance Assurance Division
U.S. EPA, Region 7

Applicant or Respondent

CarMax Auto Superstores, Inc.
19010 East Valley Parkway
Independence, MO 64055

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