EPA v. LILHEAD CORP

Case summary

NATURE OF THE CASE THIS MATTER AROSE AS A RESULT OF A RANDOM INSPECTION CONDUCTED ON JULY 14, 1981, BY EPA CONTRACT INSPECTORS OF A GASOLINE RETAIL OUTLET LOCATED AT 3990 WEST OAKLAND PARK BOULEVARD, FORT LAUDERDALE, FLORIDA, WHICH WAS OWNED AND OPERATED BY LILHEAD CORPORATION (LILHEAD). DURING THIS INSPECTION, THE EPA INSPECTORS DISCOVERED A GASOLINE PUMP USED TO DESPENSE LEADED GASOLINE WHICH WAS EQUIPPED WITH AN UNDERSIZED NOZZLE SPOUT, AND DOCUMENTED THE ABSENCE OF THE REQUISITE SIGN WARNING AGAINST THE INTRODUCTION OF LEADED FUEL INTO UNLEADED ONLY MOTOR VEHICLES. AN ADMINISTRATIVE COMPLAINT WAS ISSUED AGAINST LILHEAD ON NOVEMBER 12, 1981, WHEREIN A PENALTY OF $1,500 WAS PRO- POSED. BEFORE FURTHER ACTION ON THIS COMPLAINT COULD OCCUR, HOWEVER, THE DECISION IN TRANSPORTATION, INC. WAS HANDED DOWN BY EPA'S JUDICIAL OFFICER, WHICH HAD THE RESULT OF IN- VALIDATING THE ADMINISTRATIVE TREATMENT OF CASES UNDER THE UNLEADED GASOLINE REGULATIONS. LILHEAD WAS CONTACTED BEGINNING IN LATE 1982 TO ATTEMPT SETTLEMENT OF THIS CASE. EPA OFFERED TO SETTLE FOR $450, BUT, ON JULY 5, 1983, COUNSEL FOR LILHEAD ADVISED HIS CLIENT WOULD NOT SETTLE. CAUSE OF ACTION A CIVIL ACTION SHOULD BE BROUGHT IN U.S. DISTRICT COURT AGAINST LILHEAD FOR VIOLATIONS OF 40 C.F.R. 80.22(D), WHICH DESCRIBED WARNING SIGN, AND 40 C.F.R. 80.22(F)(1), WHICH PROHIBITS UNDERSIZED NOZZLES ON LEADED GASOLINE PUMPS. THE EPA INSPECTORS CLEARLY DOCUMENTED THESE VIOLATIONS. PROPOSED REMEDY SECTION 211(D) OF THE ACT, 42 U.S.C. 7545(D) PROVIDES THAT PERSONS WHO VIOLATE THE UNLEADED GASOLINE REGULATIONS SHALL PAY A PENALTY OF $10,000 PER DAY PER VIOLATION. A CIVIL PENALTY OF $20,000 SHOULD BE SOUGHT HERE.

Defendants (1)

• LILHEAD CORP.Named in complaintNamed in settlement

Facilities (1)

• LICHEAD CORP/FINA SERV STATION

  3990 W OAKLAND PARK BLVD, FORT LAUDERDALE, FL, 33311

  Registry ID: 110010703694

Statutes cited

• CAA 211D — Clean Air Act

Enforcement conclusions (1)

• LILHEAD CORPentered 1985-03-28

  Primary law: CAA

  Federal penalty: $2,000

Timeline (7 milestones)

• 1983-11-16Referred To Headquarters
• 1983-11-21Referred To Dept Of Justice
• 1984-01-24Complaint Filed With Court
• 1985-03-28Final Order Lodged
• 1985-03-28Final Order Entered
• 1985-03-28Concluded
• 1997-03-31Enforcement Action Closed