EPA v. BRC CO, INC

Case summary

IMPORTER BROUGHT INTO THE U.S. ONE CUMMINS ENGINE THAT I S UNCERTIFIED AND LACKS A LABEL AND WHICH WAS SEIZED BY U.S CUSTOMS. IMPORTER HAS AGREED TO SIGN AN ASA IN WHICH HE AG REES TO PROVIDE EXPORT DOCUMENTATION WITHIN 30 DAYS OF EXPOR TATION. IMPORTER HAS NOT IMPORTED ANY NONROAD DIESEL ENGINE S SINCE 1/1/96. UPON RECEIPT OF A LETTER WITH ADDITIONAL IN FORMATION AND STATING THE ABOVE IMPORTER WILL BE ALLOWED TO SWAP THE UNCERTIFIED ENGINE FOR A CERTIFIED ONE. UPON RATIF ICATION OF THE ASA IMPORTER WILL BE ALLOWED TO EXPORT THE UN CERTIFIED ENGINE TO A COUNTRY OTHER THAN CANADA OR MEXICO. IMPORTER WILL ALSO PAY A $1,000 FINE TO CUSTOMS FOR THE VIO LATION. - IMPORTER PROVIDED A PLAN TO AVOID FUTURE OCCURRENCES, AND PR OOF OF EXPORTATION OF UNCERTIFIED ENGINE, AND PROOF OF CERTI FICATION OF ENGINE SWAPPED AT PORT.

Defendants (1)

• BRC CO, INCNamed in complaintNamed in settlement

Facilities (1)

• BRC CO, INC

  2609 LAKESIDE DR, LYNCHBURG, VA, 24502

  Registry ID: 110010723235

Statutes cited

• CAA 213 — Non-road Engines & Vehicles

Enforcement conclusions (1)

• BRC CO, INCentered 2000-05-04

  Primary law: CAA

Timeline (5 milestones)

• 2000-04-11Enforcement Action Data Entered
• 2000-05-02Complaint Filed/Proposed Order
• 2000-05-04Final Order Issued
• 2000-06-05Compliance Achieved
• 2000-06-05Enforcement Action Closed