EPA v. CARMAX, INC.

Case summary

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.

Defendants (1)

• CARMAX, INC.Named in complaintNamed in settlement

Facilities (1)

• CARMAX, THE AUTO SUPERSTORE - NO. 7218

  7771 HIGHWAY 64, MEMPHIS, TN, 38133

  Registry ID: 110015817909

Statutes cited

• CAA 609 — Servicing of Motor Vehicle Air Conditioners

Enforcement conclusions (1)

• CARMAX, INC.entered 2005-04-14

  Primary law: CAA

  Federal penalty: $9,704 · SEP: $36,797

Timeline (4 milestones)

• 2005-04-14Complaint Filed/Proposed Order
• 2005-04-14Final Order Issued
• 2005-05-03Enforcement Action Data Entered
• 2005-05-06Enforcement Action Closed