EPA v. RUDD EQUIPMENT COMPANY

Case summary

This is the first violation by Rudd Equipment Company ( Rudd ). On October 9, 2001, US Customs, Houston issued a Notice of Constructive Detention to Rudd, for the importation of a Hitachi excavator on August 7, 2001. One of the 2 engines in the excavator was uncertified. The import was marked for export only. Customs and EPA later learned the excavator was moved, sold, a second uncertified engine installed and it was being operated, which are all violations of the terms of Constructive Detention. On June 1, 2003, Rudd had an authorized Cummins employee install Cummins certified compression ignition nonroad engine S/N 37184933 in the Subject Excavator, with EPA's prior approval, based on a written statement from Cummins, the engine manufacturer, that the engine was suitable for use in the Hitachi Excavator. The original 1996 Cummins nonroad engine S/N 37161849 was exported to Hong Kong by Cummins Cumberland, a Cummins Engine authorized distributor on February 20, 2002.Agreement requires a lookback of all imports since 1/1/96, an inspection of 30% of imports for labels and a plan to prevent future violations

Defendants (1)

• RUDD EQUIPMENT COMPANYNamed in complaintNamed in settlement

Facilities (1)

• RUDD EQUIPMENT CO

  4344 POPLAR LEVEL RD, LOUISVILLE, KY, 40213

  Registry ID: 110003221745

Statutes cited

• CAA 213 — Non-road Engines & Vehicles

Enforcement conclusions (1)

• Rudd Equipment Companyentered 2003-06-04

  Primary law: CAA

  Federal penalty: $27,500

Timeline (3 milestones)

• 2002-05-13Enforcement Action Data Entered
• 2003-06-04Final Order Issued
• 2003-12-05Enforcement Action Closed