Inspections conducted on July 7, 2011 and March 22, 2012, revealed that the Respondent is operating underground injection wells. At the moment of the inspection on July 7, 2011, there were oil spills in the west side trench. Wastewater produced from automotive services typically contains hazardous substances that could contaminate underground sources of drinking water. During the inspection on March 22, 2012, oil spills as well as coolant were observed in the vicinity of the trench drains and the asphalt.
Underground injection is prohibited pursuant to 40 C.F.R. §144.11, except as authorized by Rule or permit under the UIC Program. However, as of April 5, 2000, Motor Vehicle Waste Disposal Wells are no longer authorized by Rule. Pursuant to 40 C.F.R. §144.88(b)(1)(vi), all existing Motor Vehicle Waste Disposal Wells within the State of New York were required to be closed or permitted by no later than January 1, 2008. Since RespondentÂs facility does not have a permit, it is in violation of the SDWA and 40 C.F.R. §144.88(b)(1)(vi). Additionally, Respondent is in violation of 40 C.F.R. §§144.11 and 144.12 for unauthorized injection and injection of fluids that may contaminate an underground source of drinking water.