12/3/02 - Complaint filed, proposing a penalty of $38,500. Complaint alleges:
Count 1: Respondent did not perform refrigerant evacuations or verify that refrigerant was previously removed. Respondent violated 40 CFR 82.156(f), by failing to recover any remaining refrigerant from appliances and/or failing to verify that refrigerant was evacuated from the appliance or shipment of appliances previously.
Count 2: At the time of EPA inspection on January 20, 1999, and March 28, 2002, Respondent did not maintain copies of any signed statements required under 40 CFR 82.156(f)(2).
Count 3: Pursuant to EPA Orders dated April 7, 1999, and July 30, 2002, issued pursuant to CAA 113(a)(3)(B), Respondent was required to comply with all applicable requirements set forth at 40 CFR Part 82, 156(f); to provide written certification within 7 days of the orders that the company had ceased all operations relating to the safe disposal of appliances and/or MVACs; or to certify in writing that the company had begun receiving statements of evacuation for all appliances and/or MVACs for which the company is verifying that the refrigerant was previously removed. EPA has provided the Respondent substantial and overwhelming opportunities to comply with EPA's Orders, including 2 on-site visits to explain the violations and answer any questions that the Respondent might have of EPA. Respondent has violated these two orders by failing to comply with the requirements of Section 608(b) identifie