4/14/05 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,704, DUE WITHIN 30 DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP, AT AS ESTIMATED COST OF $58,750.
ALLEGED VIOLATIONS:
EPA ALLEGES THAT ON MORE THAN ONE OCCASION FROM APRIL 24, 2004, THROUGH JULY 26, 2004, AT ITS MEMPHIS, TN, FACILITY, RESPONDENT PERFORMED SERVICE FOR CONSIDERATION INVOLVING THE REFRIGERANT OF MVAC SYSTEMS WITHOUT THE USE OF PROPERLY TRAINED AND CERTIFIED TECHNICIANS. RESPONDENT VIOLATED CAA 609(c) AND 40 CFR 82.34(a) BY FAILING TO USE PROPERLY TRAINED AND CERTIFIED TECHNICIANS WHILE PERFORMING SERVICE FOR CONSIDERATION INVOLVING THE REFRIGERANT OF AN MVAC SYSTEM.
EPA ALLEGES THAT RESPONDENT FAILED TO CERTIFY IN A TIMELY MANNER TO EPA THAT PERSONS PERFORMING SERVICE WERE USING APPROVED REFRIGERANT RECOVER/RECYCLING EQUIPMENT. RESPONDENT VIOLATED CAA 609(d) AND 40 CFR 82.42(a) BY FAILING TO CERTIFY IN A TIMELY MANNER THAT THEY HAD ACQUIRED AND WERE PROPERLY USING APPROVED REFRIGERANT RECOVER/RECYCLING EQUIPMENT.