EPA v. FLEET GOLF AND INDUSTRIAL VEHICLES, INC.

Case summary

INSPECTED BY: U.S. CUSTOMS INSPECTION DATE: SEPT., 2000 INSPECTION REASON: IMPORTATION NO. OF VIOLATIONS: 3 IMPORTER BROUGHT INTO THE U.S. 14 KIA MOTORS MOTOR VEHICLE E NGINES THAT WERE NOT CERTIFIED OR LABELED AS ON ROAD OR O FF ROAD VEHICLES BUT INSTEAD HAD A GOVERNOR ATTACHED WHICH HAD NOT BEEN APPROVED BY EPA. THE ENGINES WERE DETAINED BY CUSTOMS IN SEPT., 2000, THEN SEIZED BY U.S. CUSTOMS IN FEBRU ARY, 2000. IMPORTER WORKED WITH THE EPA'S CERTIFICATION AND COMPLIANCE DIVISION TO MODIFY THE DESIGN OF THE MOTOR VEHIC LES WHICH WOULD EXCLUDE THE MOTOR VEHICLES FROM COVERAGE UND ER THE CLEAN AIR ACT'S MOTOR VEHICLE PROVISIONS. UNDER THE TERMS OF THE AGREEMENT IMPORTER HAS AGREED TO MODIFY THE FOU RTEEN MOTOR VEHICLES IN ACCORDANCE WITH THE EPA DESIGN LETTE R, AND PROVIDE EPA WITH AN AFFIDAVIT AND PHOTOGRAPHS VERIFYI NG THAT IT HAS MODIFIED ALL EIGHTEEN MOTOR VEHICLES. IN ADD ITION, IMPORTER HAS AGREED TO LOCATE AND INSPECT ALL OF THE COMPRESSION IGNITION NONROAD ENGINES IT HAS IMPORTED SINCE J ANUARY 1, 1996, FOR THE PURPOSE OF DETERMINING WHETHER THE E IMPORTATION OF 14 KIA MOTORS UNCERTIFIED ENGINES NOT LABELED AS ON ROAD OR OFF ROAD VEHICLES WITH AN UNAPPROVED GOVE RNOR ATTACHED. CUSTOMS DETENTION 9/00, CONVERTED TO A SEIZUR E IN 2/00. IMPORTER & EPA'S CERT DIV WORKED TO MODIFY THE D ESIGN TO EXCLUDE THE MOTOR VEHICLES FROM COVERAGE UNDER THE CAA'S MOTOR VEHICLE PROVISIONS. PER THE ASA, ONCE IMPORTER MODIFIES THE 14 MOTOR VEHICLES PER EPA DESIGN LETTER DATED 1 1/20/00, THEY MAY BE IMPORTED. SINCE 1/ 1/96, IMPORTER HAS IMPORTED 18 ADDITIONAL MOTOR VEHICLES OF THE SAME DESIGN. I MPORTER SHALL LOCATE AND MODIFY ALL 18 VEHICLES, PER THE DES IGN LETTER, & PROVIDE AN AFFIDAVIT & PHOTOS FOR VERIFICATIO N. IN ADDITION, IMPORTER WILL LOCATE AND INSPECT ALL OF THE COMPRESSION IGNITION NONROAD ENGINES IT HAS IMPORTED SINCE 1/1/96, TO DETERMINE CERT STATUS AND IF EPA LABEL IS PRESENT & VISIBLE. LASTLY, IMPORTER WILL IMPLEMENT A PLAN TO ENSUR E FUTURE COMPLIANCE. NO PENALTY ASA, BUT EPA RECOMMENDS CUS TOMS COLLECT A MINIMUM OF $14,000 FOR THE VIOLATIONS.PORTOF LOS ANGELES.

Defendants (1)

• FLEET GOLF AND INDUSTRIAL VEHICLES, INC.Named in settlement

Facilities (1)

• FLEET GOLF AND INDUSTRIAL VEHICLES, INC.

  PO BOX 2010, CLOVIS, CA, 936132010

  Registry ID: 110010753648

Statutes cited

• CAA 213 — Non-road Engines & Vehicles

Enforcement conclusions (1)

• FLEET GOLF AND INDUSTRIAL VEHCILES, INC.entered 2001-04-04

  Primary law: CAA

Timeline (3 milestones)

• 2001-03-25Complaint Filed/Proposed Order
• 2001-04-03Enforcement Action Data Entered
• 2001-04-04Final Order Issued