EPA v. R & L MARKETING, INC.

Case summary

IMPROPER SALE OR DISTRIBUTION AND RECORDKEEPING FOR OZONE DEPLETING REFRIGERANT. THE ATTACHED CONSENT AGREEMENT AND FINAL ORDER (CAFO) RESOLVES CLEAN AIR ACT VIOLATIONS AGAINST R & L MARKETING, INC., 730 SOUTH MILITARY ROAD, FOND DU LAC, WISCONSIN FOR VIOLATIONS OF SECTION 608 OF THE CLEAN AIR ACT (ACT), 42 U.S.C. 7671G. SPECIFICALLY, R & L IS IN VIOLATION OF 608 (A) (2) OF THE ACT AND IMPLEMENTING REGULATIONS SET FORTH AT 82.154 (M) AND 82.166 (A) AND (M) WHICH REQUIRE THE SELLER OR DISTRIBUTOR OF REFRIGERANT TO VERIFY THAT THE BUYER IS PROPERLY CERTIFIED UNDER 82.161 AND TO KEEP CERTAIN RECORDS RELATING TO SUCH SALES. THE AGENCY'S COMPLAINT PROPOSED A CIVIL PENALTY OF $1,711. HOWEVER, AFTER AN ANALYSIS OF THE RESPONDENTS' LAST THREE TAX RETURNS, THE AGENCY DETERMINED THERE WAS AN INABILITY TO PAY ANY PENALTY AND MITIGATED THE PENALTY TO $0. THE CAFO DOES REQUIRES THE RESPONDENT TO PERFORM ADDITIONAL RECORDKEEPING FOR A PERIOD OF TWO YEARS THAT ARE OVER AND ABOVE THE RECORDKEEPING REQUIREMENTS IN THE REGULATIONS.

Defendants (1)

• R & L MARKETING, INC.Named in complaintNamed in settlement

Facilities (1)

• R & L MARKETING INCORPORATED

  730 SOUTH MILITARY ROAD, FOND DU LAC, WI, 54935

  Registry ID: 110001928852

Statutes cited

• CAA 113A — Violation of Existing Administrative Order

Enforcement conclusions (1)

• R & L MARKETING, INC.entered 2000-04-05

  Primary law: CAA

Timeline (4 milestones)

• 1998-12-21Enforcement Action Data Entered
• 1999-06-25Complaint Filed/Proposed Order
• 2000-04-05Final Order Issued
• 2000-04-05Enforcement Action Closed