EPA v. C&K EQUIPMENT COMPANY, INC.

Case summary

INSPECTED BY: US CUSTOMS DATE:3/5/01 NO. OF VIOLATIONS: 1 ON MARCH 5, 2001, CUSTOMS DETAINED ONE (1) 1998 CATERPILLAR ENGINE, ENGINE SERIAL NUMBER 99CO3389 ( SUBJECT ENGINE ), IM PORTED BY RESPONDENT. THE SUBJECT ENGINE IS CURRENTLY LOCAT ED AT THE GEORGIA PORT AUTHORITY, COLONELS ISLAND IN BRUNSWI CK, GEORGIA. AS A PART OF THIS SETTLEMENT, IMPORTER HAS AGR EED TO ARRANGE FOR ATTACHMENT OF THE LABEL BY AN AUTHORIZED CATERPILLAR REPRESENTATIVE, AND PROVIDE AN AFFIDAVIT FROM AN AUTHORIZED CATERPILLAR REPRESENTATIVE VERIFYING THAT HE/SHE HAS AFFIXED THE EPA EMISSION LABEL TO THE SUBJECT ENGINE. IMPORTER AFFIRMS THAT SINCE JANUARY 1, 1996, IT HAS IMPORTED SEVEN (7) COMPRESSION IGNITION NONROAD ENGINES. IMPORTER HAS AGREED TO LOCATE AND INSPECT ALL OF THE COMPRESSION IGNI TION NONROAD ENGINES IT HAS IMPORTED SINCE JANUARY 1, 1996 F OR THE PURPOSE OF DETERMINING WHETHER THE ENGINES ARE CERTIF IED AND AN EPA EMISSION LABEL IS PRESENT, LEGIBLE, AND READI LY VISIBLE. RESULTS SHALL BE SUBMITTED TO EPA WITHIN THIRTY INSP: CUSTOMS DATE: 3/5/01 NO. OF VIOLATIONS: 1 CUSTOMS DETAINED (DETENTION # 20011/01001) 1998 CATERPILLAR ENGINE, ENGINE SERIAL # 99CO3389, IMPORTED BY C&K - EMISSION LABEL MISSING. AUTHORIZED CATERPILLAR REPRESENTATIVE WILL L ABEL, AND PROVIDE AN AFFIDAVIT VERIFYING LABELING C&K WILL LOCATE AND INSPECT 100 % OF NR ENIGNES IMPORTED (7) TO DETE RMINE THEY ARE ARE CERTIFIED AND LABELED WITHIN 30 CALENDAR DAYS FROM THE DATE ASA EXECUTED. C&K HAS AGREED TO IMPLEMEN T A PLAN TO ENSURE FUTURE COMPLIANCE. MARGARET SULLIVAN, JD ON TEMPORARY PART-TIME DUTY WITH AED FROM OECA'S OFFICE OF P LANNING, POLICY, ANALYSIS AND COMMUNICATION, WROTE THE ASA, LISTING ANGELA FITZGERALD AS THE ATTORNEY OF RECORD. M. SULLIVAN'S TELEPHONE NO. IS 202/564-0056

Defendants (1)

• C&K EQUIPMENT COMPANY, INC.Named in settlement

Facilities (2)

• C&K EQUIPMENT COMPANY, INC

  8724 RUTLEDGE PIKE, KNOXVILLE, TN, 37924

  Registry ID: 110010753657

• C&K EQUIPMENT COMPANY, INC

  8724 RUTLEDGE PIKE, KNOXVILLE, TN, 37924

  Registry ID: 110010753657

Statutes cited

• CAA 213 — Non-road Engines & Vehicles

Enforcement conclusions (1)

• C&K EQUIPMENT COMPANY, INC.entered 2001-04-04

  Primary law: CAA

  Federal penalty: $500

Timeline (5 milestones)

• 2001-04-04Complaint Filed/Proposed Order
• 2001-04-04Final Order Issued
• 2001-04-05Enforcement Action Data Entered
• 2001-05-18Enforcement Action Closed
• 2001-05-18Compliance Achieved