EPA v. BL PEGSON

Case summary

INSPECTION DATE: 1/06/00 1 VIOLATION MARCH 16, 2000 U.S. CUSTOMS SERVICE CONSTRUCTIVELY SEIZED A TEREX METROTRACK CRUSHER, MODEL AX818, SERIAL NUMBER QM00 8810 WITH A CERTIFIED 1999 CUMMINS ENGINE, ENGINE SERIAL NUM BER 21382905, 137 HP, BECAUSE THE REQUIRED EPA EMISSIONS LABEL WAS NOT READILY VISIBLE. (IMPORTER ASSERTS THAT THE LABE L WAS PRESENT BUT NOT VISIBLE BECAUSE IT WAS COVERED WITH MA SKING TAPE - CUSTOMS INSPECTORS DISPUTE THIS.) ASA IN NEGOT IATION. EQUIPMENT IN LOUISVILLE, KY. LABEL PRESENTLY HALF MISSING. FACTS SEEMS SOMEWHAT SUSPECT. $500 FINE BY CUSTOMS WITH LOOKBACK. (IMPORTER RESISTING DOING A LOOKBACK ON ALL IMPORTS (120?) TO VERIFY CERTIFICATION STATUS). CASE BEGUN BY JOSH TAPP. SEIZURE # 2000SZ002833410 (CONSTRUCTIVE) FP&F #2000.1301.00004801. Offer in Compromise $70,000 submitted 6/27/01, accepted by Customs 3/19/03 ($ in escrow). (David Gottfried original attorney of record [with detailee, Josh Tapp, Esq.]

Defendants (1)

• BL PEGSONNamed in settlement

Facilities (1)

• BL PEGSON

  1654 KING ST, ENFIELD, CT, 06082

  Registry ID: 110013718218

Statutes cited

• CAA 213 — Non-road Engines & Vehicles

Enforcement conclusions (1)

• BL Pegsonentered 2002-06-25

  Primary law: CAA

Timeline (3 milestones)

• 2000-10-10Enforcement Action Data Entered
• 2002-06-25Final Order Issued
• 2003-08-12Enforcement Action Closed