EPA v. JACK LEVINE & SON INC. (SB)

Case summary

U.S. EPA Region 5 entered into a Consent Decree (CD) with Jack M. Levine & Son, Inc. (Levine) to resolve violations of the Clean Air Act (CAA). On August 11, 2008, EPA issued to Levine a Finding of Violation (FOV) pertaining to its scrap metal recycling facility in Cleveland, OH. The FOV alleged that Levine accepted for recycling automobiles and small appliances such as refrigerators and room air conditioners that contained or once contained ozone-depleting refrigerants, without either recovering the refrigerant from the vehicles and appliances or verifying that the refrigerant had been properly recovered prior to sale to Levine, in violation of regulations found at 40 CFR 82.156. The monetary penalty was determined to be $562,000, but an inability to pay determination was made by the Department of Justice. Due to this inability to pay, he penalty was reduced to $3,500. The CD requires Levine or their agent to properly recover the refrigerant from vehicles and appliances it accepts for scrap recycling at its Cleveland facility. Levine's refrigerant recovery program is estimated to recover approximately 120 lbs of ozone-depleting refrigerants per year. Since the refrigerants used in vehicle air conditioning systems and small appliances also are potent global-warming gases, these resolutions will, in addition to protecting the ozone layer, have the added benefit of reducing the emissions of greenhouse gases equivalent to removing approximately 60 large passenger vehicles from the road for one year.

Defendants (1)

• JACK LEVINE & SON INCORPORATEDNamed in complaintNamed in settlement

Facilities (1)

• HALEE, LLC.

  3360 EAST 79TH STREET, CLEVELAND, OH, 44127

  Registry ID: 110006336517

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (1)

• JACK LEVINE & SON INC. (SB)entered 2012-01-19

  Primary law: CAA

  Federal penalty: $3,500

Timeline (7 milestones)

• 2009-06-24Referred To Dept Of Justice
• 2009-07-08Enforcement Action Data Entered
• 2011-03-09Complaint Filed With Court
• 2011-12-02Final Order Lodged
• 2012-01-19Final Order Entered
• 2015-09-01Enforcement Action Closed
• 2015-09-01Air Resolved