EPA v. J & J RECYCLING & DEMO, LLC

Case summary

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 82.156(f)(3) TO NOTIFY SUPPLIERS OF THE APPLIANCES THAT REFRIGERANT MUST BE PROPERLY REMOVED BEFORE DELIVERY OF THE ITEMS TO THE FACILITY. RESPONDENT REPLACED THE OLD SIGNS WITH NEW SIGNS ON OR ABOUT THE DATE OF THE RESPONSE TO EPA'S SECTION 114 INFO REQUEST. THEREFORE, RESPONDENT FAILED TO COMPLY WITH 40 CFR 82.156(f)(3) FOR THE PERIOD STARTING MARCH 2012 THRU APRIL 2012. BASED ON RESPONDENT'S RESPONSE TO EPA'S SEC 114 INFO REQUEST, EPA DETERMINED THAT RESPONDENT HAD NOT COLLECTED NOR MAINTAINED COPIES OF SIGNED VERIFICATION STATEMENTS FOR THE PERIOD STARTING MAR 2012 THRU APR 2012. THEREFORE, RESPONDENT FAILED TO COMPLY WITH 40 CFR 82.166(i) AND (m) RESPECTIVELY FOR THE SAID TIME DURATION.

Defendants (1)

• J & J RECYCLING & DEMO, LLCNamed in complaintNamed in settlement

Facilities (1)

• J&J RECYCLING

  5072 PICKETVILLE ROAD, FLORIDA, FL, 32254

  Registry ID: 110046462706

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (1)

• J & J RECYCLING & DEMO, LLCentered 2013-03-29

  Primary law: CAA

  Federal penalty: $17,500

Timeline (4 milestones)

• 2013-03-29Final Order Issued
• 2013-03-29Complaint Filed/Proposed Order
• 2013-04-03Enforcement Action Data Entered
• 2014-08-21Enforcement Action Closed