EPA v. PORT OF SAVANNAH - IMPORTER: STANISLAS BOUCKAERT

Case summary

3/20/19 - CAA MOBILE SOURCE EXPEDITED SETTLEMENT AGREEMENT, ASSESSING A PENALTY OF $685. THE EXCAVATOR (HW-10 MINI EXCAVATOR) WAS IMPORTED BY STANISLAS BOUKAERT AND FOUND TO BE UNCERTIFIED UNDER TITLE II OF THE CAA. UNDER THE ENTRY, BOUKAERT DECLARED THE SUBJECT EQUIPMENT TO HAVE BEEN MANUFACTURED IN 2018. EPA INSPECTORS WERE NOT ABLE TO FIND A CERTIFICATE OF CONFORMITY (COC), A DECLARATION FORM, OR AN EMISSION CONTROL INFORMATION (ECI) LABEL WHICH WOULD INDICATE THAT THE ENGINE WAS CERTIFIED BY EPA. BECAUSE THE ENGINES IN THE SUBJECT EQUIPMENT WERE NOT EPA-CERTIFIED, EPA CONCLUDES THAT THE SUBJECT EQUIPMENT WAS IMPORTED INTO THE U.S. W/OUT BEING COVERED BY A COC WHICH IS IN VIOLATION OF 40 CFR 1068.101(a)(1) AND (b)(5). EPA HAS FOUND NO EVIDENCE THAT THE SUBJECT EQUIPMENT WAS OTHERWISE EXCLUDED FROM COVERAGE. BY IMPORTING THE SUBJECT EQUIPMENT, BOUKAERT COMMITTED ONE VIOLATION OF THE CAA 203(a)(1) AND 213(d), 42 U.S.C. 7522(a)(1) AND 7522(a)(1) AND 7547(d) AND THE IMPLEMENTING REGULATIONS CODIFIED AT 40 CFR 1068(a)(1) AND (b)(5). REQUIRED REMEDIATION: RESPONDENT MUST PROVIDE EPA DOCUMENTATION SHOWING THAT THE SUBJECT EQUIPMENT HAS BEEN DESTROYED, EXPORTED TO A COUNTRY OTHER THAN CANADA OR MEXICO, OR SEIZED BY U.S. CUSTOMS AND BORDER PROTECTION (CBP) AND IS AWAITING EXPORTATION OR DESTRUCTION.

Defendants (1)

• BOUCKAERT, STANISLASNamed in complaintNamed in settlement

Facilities (1)

• PORT OF SAVANNAH-IMPORTER STANISLAS BOUCHAERT

  2 MAIN STREET, GARDEN CITY TERMINAL GEORGIA PORTS AUTHORITY, GA, 31408

  Registry ID: 110070520561

Statutes cited

• CAA 213 — Non-road Engines & Vehicles
• CAA 203 — Prohibited Acts - Motor Vehicle & Motor Vehicle Engines

Enforcement conclusions (1)

• PORT OF SAVANNAH - IMPORTER: STANISLAS BOUCKAERTentered 2019-04-01

  Primary law: CAA

  Federal penalty: $685

Timeline (3 milestones)

• 2019-04-01Complaint Filed/Proposed Order
• 2019-04-01Final Order Issued
• 2019-07-09Enforcement Action Data Entered