EPA v. BASIC RECYCLING, INC

Case summary

U.S. EPA Region 5 entered into a Consent Decree (CD) with Basic Recycling, Inc. (Basic) to resolve violations of the Clean Air Act (CAA). On August 11, 2008, EPA issued to Basic a Finding of Violation (FOV) pertaining to its scrap metal recycling facility in Detroit, MI. The FOV alleged that Basic 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 Basic, in violation of regulations found at 40 CFR 82.156. The monetary penalty was determined to be $1,400,000, but an inability to pay determination was made by the Department of Justice. Due to this inability to pay, the penalty was reduced to $25,000. The CD requires Basic or their agent to properly recover the refrigerant from vehicles and appliances it accepts for scrap recycling at its Detroit facility. Basic's refrigerant recovery program is estimated to recover approximately 179 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.

Defendants (1)

• BASIC RECYCLING, INCNamed in complaintNamed in settlement

Facilities (1)

• BASIC RECYCLING INC.

  14201 FULLERTON STREET, DETROIT, MI, 48227-3156

  Registry ID: 110035842700

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (1)

• BASIC RECYCLING, INCentered 2015-05-21

  Primary law: CAA

  Federal penalty: $25,000

Timeline (6 milestones)

• 2011-03-24Referred To Dept Of Justice
• 2011-03-30Enforcement Action Data Entered
• 2015-02-25Complaint Filed With Court
• 2015-02-25Final Order Lodged
• 2015-05-21Final Order Entered
• 2017-07-15Enforcement Action Closed