Office of the General Counsel

Civil Penalty Actions For Certification Violations Resolved

May 6, 2010

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Today, the Department of Energy announced that it had resolved civil penalty actions against four showerhead manufacturers for having violated the Department's water conservation certification regulations.  To resolve these actions  Zoe Industries, Altmans Products LLC, EZ-FLO International, and Watermark Designs Ltd. have now certified that their showerheads meet federal water conservation standards and collectively will pay civil penalties of $165,104. DOE had initiated cases against the four manufacturers on January 25th, alleging that they had failed to submit required documents to DOE demonstrating compliance with federal standards.  Under federal law, manufacturers of some products covered by the Energy Policy and Conservation Act are required to certify with the Department that their models meet the applicable water conservation standards.  These certification reports provide DOE with information critical to determining that American consumers are buying products that deliver significant water and cost savings in accord with DOE’s regulations.

These four cases were the Department's first civil penalty actions for failure to certify compliance with the energy and water conservation standards.  Since initiating these cases, DOE has developed guidance explaining how it intends to implement its authority to assess penalties.  The assessed penalties in these civil penalty actions were calculated in accordance with the penalty guidance, which takes into account the circumstances of each case, including the manufacturer's size and ability to pay.