EPA v. ERGON, INC. (ERGON TECHNICAL COATINGS)

Case summary

8/13/07 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $20,000, DUE WITHIN 30 DAYS. FACTUAL ALLEGATIONS: RESPONDENT FAILED TO COMPLY WITH THE INITIAL NOTIFICATION REQUIREMENTS FROM SEPT 1999 (THE POINT AT WHICH EPA REGULATIONS FIRST REQUIRED NOTIFICATION) UNTIL MARCH 23, 2007. IN ACCORDANCE WITH 40 CFR 59.408, NOTICE WAS DUE TO EPA BY RESPONDENT ON OR ABOUT SEPT 13, 1999, BUT AT LEAST 180 DAYS PRIOR TO THE MARCH 23, 2007, SUBMITTAL. THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED THE INITIAL NOTIFICATION REQUIREMENTS OF THE FEDERAL REGULATIONS. RESPONDENT FAILED TO COMPLY WITH THE LABELING REQUIREMENTS FROM SEPT 1999 (THE POINT AT WHICH EPA REGULATIONS FIRST REQUIRED LABELING), UNTIL THE CURRENT DATE. IN ACCORDANCE WITH 40 CFR 59.405, EACH CONTAINER WAS TO BE PROPERLY LABELED WHEN DISTRIBUTED OR SOLD. THEREFORE, RESPONDENT VIOLATED AND IS STILL VIOLATING THE LABELING REQUIREMENTS OF THE FEDERAL REGULATIONS. ON MARCH 23, 2007, IN RESPONSE TO AN INFORMATION REQUEST SENT BY EPA, RESPONDENT PROVIDED EPA WITH INITIAL NOTIFICATION AND ALL REPORTS DUE UP TO THAT DATE.

Defendants (1)

• ERGON, INC.Named in complaintNamed in settlement

Facilities (1)

• ERGON TRUCKING INCORPORATED LAKELAND

  2829 LAKELAND DR., MIRROR LAKE, JACKSON, MS, 39208

  Registry ID: 110002212383

Statutes cited

• CAA 183[E][B] — Federal Ozone Measures

Enforcement conclusions (1)

• ERGON, INC. (ERGON TECHNICAL COATINGS)entered 2007-08-13

  Primary law: CAA

  Federal penalty: $20,000

Timeline (4 milestones)

• 2007-08-13Final Order Issued
• 2007-08-13Complaint Filed/Proposed Order
• 2007-08-16Enforcement Action Closed
• 2007-08-31Enforcement Action Data Entered