2002-2001 Enforcement Actions Under Title VI of the Clean Air Act

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November 1, 2002: Transportation Management Services, Inc. (TMSI) pays $45,601 penalty as a result of motor vehicle servicing violations of the Clean Air Act (PDF, 6K, about PDF)

Transportation Management Services, Inc. (TMSI) signed a Consent Agreement settling refrigerant venting violations of the Stratospheric Ozone Protection" requirements of the Clean Air Act. Under the terms of settlement, TMSI, which services eighteen-wheel trucks at its facility in Henderson, Colorado, will pay a civil penalty of $45,601 and will not maintain, service, or repair any motor vehicle air conditioners ("MVACs") in the future.

October 29, 2002: Allied Waste Systems, Inc. agrees to $3 million enforcement settlement concerning appliance disposal violations of the Clean Air Act.

ALLIED WASTE SYSTEMS, INC. ("Allied") of Boston has entered into a settlement agreement which resolves the government's claims that ALLIED violated the Clean Air Act by disposing of discarded appliances without either recovering any remaining refrigerant from the appliances or verifying that the refrigerant was previously recovered from the appliances. The proposed Consent Decree requires the company to pay a $782,550 civil penalty and spend $2.3 million on an environmental project that will improve Boston's air quality at ALLIED's Howard Transfer Station in Roxbury.

April 5, 2002: CFC Smuggler Pleads Guilty; Two Others Sentenced

Donald W. Pigeon of Pompano Beach, Florida, pleaded guilty on March 27 to violating the Clean Air Act by illegally importing approximately 300 cylinders of CFC-12 into the United States. In addition, Patrick Palmer and Chester Risker, also of Pompano Beach, were sentenced for their role in this case on March 28. The case was investigated by EPA's Criminal Investigation Division, the U.S. Coast Guard, the U.S. Customs Service and the Fort Lauderdale Police Department.

March 29, 2002: Michigan Man Pleads Guilty to CFC Smuggling

James M. Dolmetsch has pleaded guilty to conspiracy with at least three other individuals to smuggle the CFC-12 into the U.S. from Canada in 1996. Dolmetsch admitted to brokering the sale of the smuggled refrigerant to purchasers in the U.S. He also admitted that the conspiracy successfully smuggled and resold 63,600 lbs. of CFC-12 into the U.S.

March 6, 2002: CFC Smugglers Plead Guilty

Barry Himes, John Mucha and Richard Pelletier pled guilty today to conspiring to smuggle CFCs into the U.S. by means of false statements to U.S. Customs and the EPA, and to defrauding the IRS in its attempts to collect excise and income taxes on proceeds from the sale of the contraband. The three individuals attempted to import over 660 tons of CFCs.Accompanying the guilty pleas were agreements to civilly forfeit a $2 million mansion on the Connecticut River, a three-carat diamond ring, and two luxury BMW automobiles, all of which were purchased from the smuggling proceeds. A total of ten individuals have pleaded guilty to federal charges in connection with this investigation. Nationwide to date, 114 individuals have been convicted in illegal CFC import schemes and over 56 years of imprisonment and $67 million in fines and restitution have been imposed.

February 11, 2002: Compliance Incentive Offered to Bakeries

EPA is currently inviting baking companies to participate in a voluntary compliance incentive program intended to reduce environmental and public health threats to the ozone layer. EPA investigations suggest that some large commercial bakeries are leaking CFCs and HCFCs in amounts greater than allowed under the Clean Air Act. Companies must notify EPA by April 26 of their intent to participate in this voluntary program and identify the number of appliances to be audited thereafter. The text of the Federal Register notice is available online.

January 25, 2002: Florida Men Plead Guilty to Illegal CFC Import

Patrick Palmer and Chester Risker of Fort Lauderdale, Fla., pleaded guilty to violating the Clean Air Act by illegally importing from the Bahamas approximately 300 cylinders of CFC-12. When sentenced each defendant faces a maximum sentence of up to five years in prison and/or a fine of up to $250,000.

January 11, 2002: ATOFINA Resolves Violations in Alabama, Kentucky, Texas

ATOFINA Chemicals Inc. of Philadelphia, Pa., has entered into a settlement that will result in significant pollution control measures at the company's facilities in Alabama, Kentucky and Texas. At an estimated capital cost of $5.3 million, ATOFINA has committed to implementing pollution control measures that will reduce volatile organic compounds (VOCs) emissions by approximately 2,500 tons per year and ozone-depleting substances (ODS) emissions by 750 tons per year from its facilities in Kentucky and Alabama.

January 4, 2002: Florida Importer Pleads Guilty to Clean Air Act Violation

Clifford Windsor of Fort Lauderdale, Florida, pleaded guilty on December19, 2001 to violating the Clean Air Act by illegally importing into the United States approximately 300 cylinders of CFC-12. Some of this contraband was then sold to businesses. When sentenced, Windsor faces a maximum sentence of up to five years in prison and/or a fine of up to $250,000.

September 27, 2001: EPA Fines Manufacturer of Refrigerant Recovery and Recycling Equipment $20,000 (PDF, 12K, about PDF)

Environmental Protection Agency Region 5 has reached an agreement with Ritchie Engineering Co. Inc. on alleged violations of Federal Clean Air Act regulations at the company's plant in Garrett, Ind. A $20,000 penalty was assessed. The agreement resolves an administrative complaint filed in September 2000 alleging that Ritchie made and distributed its model R60 refrigerant recovery unit without proper labeling. The company also failed to comply with an EPA administrative order issued Jan. 13, 2000, telling it to comply with labeling requirements.

July 30, 2001: 5 Charged in Multi-Million Dollar Scheme to Illegally Import Ozone-Depleting Substances into the U.S.

A federal grand jury in New Haven, Conn. returned an indictment charging five men for allegedly engaging in a scheme to trade in CFCs. The men are charged with several felonies related to the importation and sale of hundreds of tons of CFCs from 1995 to 1998, including conspiracy to make false statements to the U.S. Environmental Protection Agency and the U.S. Customs Service; conspiracy to defraud the IRS; filing false tax returns; money laundering; and conspiracy to obstruct a federal grand jury.

June 21, 2001: Air Liquide Agrees to Settlement with U.S. Resolving Environmental Violations in 18 States

In a groundbreaking Clean Air Act settlement, Air Liquide agreed to replace ozone-depleting refrigerants with environmentally friendly alternatives in 22 different facilities across the U.S.

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