3/29/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $17,500, PLUS INTEREST, DUE IN 13 INSTALLMENT PAYMENTS. FIRST PAYMENT IS DUE WITHIN 30 DAYS. FINAL PAYMENT IS DUE WITHIN 390 DAYS.
ALLEGATIONS:
ON APR 3, 2012, EPA ISSUED AN INFORMATION REQUEST LETTER PURSUANT TO CAA SEC 114(a) TO RESPONDENT FOR THE PURPOSE OF DETERMINING WHETHER RESPONDENT IS IN COMPLIANCE WITH THE REQUIREMENTS SET FORTH AT 40 CFR PART 82, SUBPART F.
ON MAY 1, 2012, RESPONDENT SUBMITTED A RESPONSE TO EPA'S INFO REQUEST IN WHICH RESPONDENT INDICATED THAT RESPONDENT DID NOT COMPLY WITH 40 CFR 82.156(f)(1) OR (f)(2).
RESPONDENT DID NOT COLLECT SIGNED STATEMENTS IN ACCORDANCE WITH 40 CFR 82.156(f)(2) VERIFYING THAT THE REFRIGERANT HAD BEEN EVACUATED FROM THE APPLIANCE OR SHIPMENT OF APPLIANCES, IN ACCORDANCE WITH 40 CFR 82.156(g) OR (h) AS APPLICABLE. EACH SHIPMENT OF APPLIANCES RECEIVED BY RESPONDENT FOR FINAL DISPOSAL WITHOUT THE REQUISITE INFORMATION WENT THROUGH AN INCOMPLETE VERIFICATION PROCESS. THEREFORE, RESPONDENT FAILED TO COMPLY WITH 40 CFR 82.156(f)(2) FOR THE TIME PERIOD STARTING MARCH 2012 THRU APR 2012.
FURTHERMORE, THE INFO SUBMITTED INDICATED THAT RESPONDENT DID NOT RECOVER ANY REFRIGERANT FROM THE APPLIANCES IN ACCORDANCE WITH 40 CFR 82.156(g) OR (h) AS APPLICABLE IN ACCORDANCE WITH 82.156(f)(1).
BASED ON RESPONDENT'S RESPONSE TO EPA'S SECTION 114 INFO REQUEST, EPA DETERMINE THAT RESPONDENT'S EXISTING SIGNS WERE INADEQUATE TO MEET THE REQUIREMENTS OF 40 CFR 8