Davalan Sales Incorporated Case Settlement
Davalan Sales Incorporated Case Settles for $6,300
An Investigation by the California Air Resources Board (CARB) showed that Davalan Sales Incorporated (DSI) was in violation of the Airborne Toxic Control Measure for In-Use Diesel-Fueled Transport Refrigeration Units (TRU ACTM) as codified in California Code of Regulations, title 13, section 2477 (13 CCR § 2477). The TRU violations were first discovered during inspections conducted at the Los Angeles Produce Market. DSI had three outstanding TRU citations and failed to meet the in-use performance standards for four TRUs before the deadlines set forth in the TRU ATCM.
The total penalty assessed in this case was $6,300, which includes $500 for one citation for failing to register, two citations assessed at $1,000 and $1,800 for failing to meet in-use performance requirements, and $3,000, or $1,000 per TRU, which reflects 25 percent reduction, for TRUs that violated the TRU ACTM. The investigation identified emissions violations; however, the penalty was discounted based on the fact that it was a first time violation and DSI made diligent efforts to comply and to cooperate with the investigation.
DSI agreed to the conditions of the settlement including the total penalty payment going to the Air Pollution Control Fund, which provides funding for projects and research to improve California’s air quality, and the submission of proof of compliance with the TRU ACTM within 45 days of the execution of the Settlement Agreement. DSI is working on bringing all TRUs into compliance with the TRU ACTM within the time frame specified in the Settlement Agreement.