EPA v. CITY OF OLATHE, KANSAS

Case summary

5/16/01: RELEASE OF REFRIGERANT TO THE ENVIRONMENT; FAILURE TO USE RECOVERY/RECYCLE EQUIPMENT. A COMPLAINT WAS ISSUED ON MAY 15, 2001, ALLEGING VIOLATION OF SECTION 7671H AND THE REGULATIONS AT 40 C.F.R. PART 82, SUBPART F. THE CI TY HAS A CURBSIDE PICKUP PROGRAM FOR APPLIANCES, INCLUDING A PPLIANCES CONTAINING REGULATED REFRIGERANTS. THE CITY FAILE D TO CHECK THE APPLIANCES FOR ANY REMAINING REFRIGERANT. TH E CITY HAD A RECOVERY/RECYCLE MACHINE BUT DID NOT USE IT. T HE CITY USED GRAPPLE CLAWS AND FRONT LOADER BUCKETS TO HANDL E APPLIANCES, AS WELL AS DUMPING THEM ONTO THE GROUND FROM D UMP TRUCKS, THUS BREAKING THE REFRIGERATION SYSTEMS. COUNT I - FROM DECEMBER, 1997, THROUGH AUGUST, 2000, THE CITY HAND LED APPLIANCES CONTAINING REFRIGERANT IN A MANNER THAT ALLOW ED VENTING OF REFRIGERANT TO THE ENVIRONMENT IN VIOLATION OF 40 C.F.R. a 82.154(A). COUNT II - FROM DECEMBER, 1997, THR OUGH AUGUST, 2000, THE CITY FAILED TO RECOVER REFRIGERANT OR VERIFY THAT THE REFRIGERANT HAD BEEN PREVIOUSLY PROPERLY RE MOVED. THE COMPLAINT PROPOSED A PENALTY OF $89,957. 10/18/01: CHECK NUMBER 6568 PAYS THE $54,000 PENALTY IN FULL AND THE CASE IS CLOSED.

Defendants (1)

• CITY OF OLATHE, KANSASNamed in complaintNamed in settlement

Facilities (1)

• CITY OF OLATHE

  127TH & HEDGES, OLATHE, KS, 66051

  Registry ID: 110010732546

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (1)

• CITY OF OLATHE, KANSASentered 2001-10-18

  Primary law: CAA

  Federal penalty: $54,000

Timeline (4 milestones)

• 2001-05-14Complaint Filed/Proposed Order
• 2001-05-16Enforcement Action Data Entered
• 2001-10-18Final Order Issued
• 2001-10-18Enforcement Action Closed