EPA v. ATLEE CONSTRUCTION CO.

Case summary

ON FEBRUARY 6, 1998, EPA INSPECTED THE PROPULSION TANKS OF TWO MOTOR VEHICLES OWNED, OPERATED AND CONTROLLED BY RESPONDENT. AS A RESULT OF THE INSPECITON, EPA DETERMINED THAT A 1978 FORD DUMP TRUCK, LISCENSE PLATE NUMBER TN 53-205, WAS MISFUELD WITH RED-DYED HIGH SULFUR DIESEL FUEL AND ISSUED A NOTIVE OF VIOLATION WITH A PROPOSED PENALTY OF $3000. HOWEVER, SUBSEQUENT TO THE ISSUANCE OF THE NOTICE, EPA DETERMINED THAT RESPONDENT'S BUSINESS SIZE WAS FAR SMALLER THAN ORIGINALLY ESTIMATED AND THAT THE PROPOSED PENALTY SHOULD HAVE BEEN $1000. THEREFORE, AFTER CONSEIDERING THE GRAVITY OF THE ALLEGED VIOLATION, AND RESPONDENT'S HISTORY OF COMPLIANCE WITH THE REGULATIONS, EPA HAD DETERMINED TO REMIT AND MITIGATE THE PROPOSED PENALTY FROM $3000 TO $600.

Defendants (1)

• ATLEE CONSTRUCTION CO.Named in complaintNamed in settlement

Facilities (1)

• ATLEE CONST CO

  11200 LEADBETTER RD, ASHLAND, VA, 230053402

  Registry ID: 110010724831

Statutes cited

• CAA 211 — Regulation of Fuels - Motor Vehicle and Engine Fuels

Enforcement conclusions (1)

• ATLEE CONSTRUCTIONentered 1998-09-21

  Primary law: CAA

  Federal penalty: $600

Timeline (5 milestones)

• 1998-07-20Complaint Filed/Proposed Order
• 1998-09-21Final Order Issued
• 1998-09-21Compliance Achieved
• 1998-09-21Enforcement Action Closed
• 1999-03-08Enforcement Action Data Entered