EPA v. HERD ENTERPRISES, INC. D/B/A BROWARD FACTORY SERVICES

Case summary

1. SECTION 608(C) OF THE CLEAN AIR ACT, 42 U.S.C. SEC. 7671G (C). 2. HERD ENTERPRISES, INC. D/B/A BROWARD FACTORY SERVICES 1225 CORPORATE DRIVE, SUITE F ARLINGTON, TEXAS 76006 SIC CODE: 7623 7629 DUN & BRADSTREET: 07-388-9842 3. RESPONDENT VIOLATED SEC. 608(C) OF THE CAA BY ILLEGALLY VENTING OZONE-DEPLETING REFRIGERANTS DURING THE COURSE OF REPAIRING AIR CONDITIONERS. 4. PROPOSED RELIEF IS A CIVIL PENALTY OF $40,122.70. 5. IT BECAME UNLAWFUL FOR ANY PERSON TO KNOWINGLY VENT OR OTHERWISE KNOWINGLY RELEASE REFRIGERANT INTO THE ATMOS- PHERE DURING THE COURSE OF MAINTAINING, REPAIRING OR SER- VICING AN APPLIANCE AFTER JULY 1, 1992. A SIMILAR VENTING PROHIBITION IS FOUND AT 40 C.F.R. SEC. 82.154 WHICH BE- CAME EFFECTIVE ON JUNE 14, 1993. 6. HERD ENTERPRISES, INC. IS A FLORIDA CORPORATION AND MAIN- TAINS A REGIONAL OFFICE IN ARLINGTON, TX. 7. COUNSEL HAS REQUESTED A COPY OF VIDEOTAPE FOR THE ONE COUNT THAT WAS ACTUALLY TAPED.

Defendants (1)

• HERD ENTERPRISES, INC. D/B/A BROWARDNamed in complaintNamed in settlement

Facilities (2)

• HERD ENTERPRISES DBA BROWARD FACTORY

  1225 CORPORATE DRIVE, SUITE F, ARLINGTON, TX, 76006

  Registry ID: 110001995262

• HERD ENTERPRISES DBA BROWARD FACTORY

  1225 CORPORATE DRIVE, SUITE F, ARLINGTON, TX, 76006

  Registry ID: 110001995262

Statutes cited

• CAA 113D — Clean Air Act

Enforcement conclusions (1)

• HERD ENTERPRISES, INC. D/B/A BROWARD FACTORY SERVIentered 1994-10-05

  Primary law: CAA

  Federal penalty: $20,650

Timeline (5 milestones)

• 1993-12-28Complaint Filed/Proposed Order
• 1994-08-09Enforcement Action Data Entered
• 1994-10-05Final Order Issued
• 1994-11-01Compliance Achieved
• 1994-11-03Enforcement Action Closed