EPA v. WESTERN AUTO SUPPLY COMPANY

Case summary

ON FEB. 26 AND 27 OF 1994, TWO SEPARATE WESTERN AUTO STORES SOLD INDIVIDUAL 12 OUNCE CANS OF A CLASS I REFRIGERANT TO A MEMBER OF THE PUBLIC WHO WAS NOT PROPERLY TRAINED AND CERT- IFIED AND WHO DID NOT CERTIFY THAT HE WAS PURCHASING THE CANS FOR RESALE. A TOTAL OF THREE IMPROPER SALES TOOK PLACE. IN ADDITION TO ILLEGALLY SELLING THE REFRIGERANT, BOTH OF THE WESTERN AUTO COMPANY STORES FAILED TO PROMINENTLY DIS- PLAY THR REQUIRED SIGN STATING THAT IT IS A VIOLATION OF FEDERAL LAW TO SELL CONTAINERS OF CLASS I AND CLASS II RE- FRIGERANT OF LESS THAN 20 POUNDS TO INDIVIDUALS NOT PROPER- LY TRAINED OR CERTIFIED TO OPERATE APPROVED REFRIGERANT RE- CYCLING EQUIPMENT. IT IS ALLEGED IN THE COMPLAINT THAT WESTERN AUTO FAILED TO COMPLY WITH SECTION 609(E) OF THE CLEAN AIR ACT AND 40 C.F.R. PART 82, SUBPART F, RELATING TO RECYCLING AND EMIS- SIONS REDUCTION OF REFRIGERANTS. A PROPOSED CIVIL PENALTY OF $29,045.00 WAS ASSESSED. ADDRESS: 2107 GRAND AVENUE KANSAS CITY, MO. 64108

Defendants (1)

• WESTERN AUTO SUPPLY COMPANYNamed in complaintNamed in settlement

Facilities (2)

• WESTERN AUTO SUPPLY STORE

  2131 N TOWN E BLVD, MESQUITE, TX, 75150

  Registry ID: 110010774643

• WESTERN AUTO STORE NUMBER 18

  3030 NORTH BUCKNER BLVD., DALLAS, TX, 75228

  Registry ID: 110001870388

Statutes cited

• CAA 113 — Clean Air Act

Enforcement conclusions (1)

• WESTERN AUTO SUPPLY COMPANYentered 1994-10-18

  Primary law: CAA

  Federal penalty: $15,000

Timeline (5 milestones)

• 1994-05-09Complaint Filed/Proposed Order
• 1994-07-06Enforcement Action Data Entered
• 1994-10-18Final Order Issued
• 1994-11-07Compliance Achieved
• 1995-01-06Enforcement Action Closed