EPA v. MOXY TRUCKS OF AMERICA

Case summary

IN DECEMBER, 1999, AND JANUARY, 2000, U.S. CUSTOMS DETAINE D SEVENTEEN (17) ENGINES IMPORTED BY RESPONDENT BECAUSE THEY DID NOT CONTAIN THE EPA MANDATED LABEL AS SET FORTH IN 40 C.F.R. 89.110-96. RESPONDENT PROVIDED EVIDENCE OF EPA CERT IFICATION OF THE SUBJECT ENGINES BUT WAS UNABLE TO SUBMIT PR OOF OF LABELING. THEREFORE, EPA IMPOSED A FINE OF $500 PER IMPROPERLY LABELED SUBJECT ENGINE, TOTALING $8,500. . IMPORT ER ALSO PROVIDED EVIDENCE THAT TWO (2) 1999 SCANIA ENGINES, SERIAL NUMBERS 5137741 AND 5137744, WERE IMPORTED WITH THE S UBJECT ENGINES AND REMOVED FROM THE PORT OF BALTIMORE PRIOR TO CUSTOMS' DETAINING THEM. RESPONDENT AFFIRMED THAT THESE ENGINES ARE CERTIFIED, BUT LACKED THE EPA EMISSION LABELS UP ON ARRIVAL IN THE UNITED STATES. THESE LABELS WERE SUBSEQUE NTLY ATTACHED BY AN AGENT OF MOXY TRUCK OF AMERICA, INC., AN AUTHORIZED SCANIA DISTRIBUTOR. THE ENGINES WERE IN TWO (2) MOXY MT30 DUMP TRUCKS AND SOLD BY THEIR DEALER TO A THIRD P ARTY ON DECEMBER 29, 1999. BOTH DUMP TRUCKS ARE CURRENTLY O N A CONSTRUCTION SITE IN GULF BREEZE, FLORIDA. AS A RESULT OF THE ABOVE, EPA HAS IMPOSED AN ADDITIONAL FINE OF $500 FO R EACH OF THESE TWO (2) IMPROPERLY LABELED ENGINES, TOTALING $1,000. AS A PART OF THE SETTLEMENT IMPORTER HAS AGREED TO LOCATE AND INSPECT A RANDOM SAMPLE CONSISTING OF AT LEAST 1 0% OF THE ENGINES PREVIOUSLY IMPORTED FOR THE PURPOSE OF DET ERMINING WHETHER THE ENGINES ARE CERTIFIED AND AN EPA EMISSI ON LABEL IS PRESENT, LEGIBLE, AND READILY VISIBLE.

Defendants (1)

• MOXY TRUCKS OF AMERICA, INCNamed in settlement

Facilities (1)

• MOXY TRUCKS OF AMERICA INC

  ONE KOVACH DR, CINCINNATI, OH, 452152168

  Registry ID: 110010684768

Statutes cited

• CAA 203 — Prohibited Acts - Motor Vehicle & Motor Vehicle Engines

Enforcement conclusions (1)

• MOXY TRUCKS OF AMERICAentered 2000-01-28

  Primary law: CAA

  Federal penalty: $9,500

Timeline (4 milestones)

• 2000-01-28Complaint Filed/Proposed Order
• 2000-01-28Final Order Issued
• 2000-01-28Compliance Achieved
• 2000-02-10Enforcement Action Data Entered