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Hayward Industries: Order (2010-CE-1110)
DOE ordered Hayward Industries, Inc. to pay a $10,000 civil penalty after finding Hayward Industries had failed to certify that certain models of pool heaters comply with the applicable energy conservation standards.
DOE ordered Hayward Industries, Inc. to pay a $10,000 civil penalty after finding Hayward Industries had failed to certify that certain models of pool heaters comply with the applicable energy conservation standards. The Order adopted a Compromise Agreement, which reflected settlement terms between DOE and Hayward Industries.
In the Matter of Hayward Industries, Inc.; DOE Case Number: 2010-CE-1110; Order to adopt compromise agreement
Respondent (Hayward) received a notice of proposed civil penalty from DOE alleging the Respondent failed to submit a certification report and compliance statement for pool heaters. Respondent enters into this Compromise Agreement to settle the civil penalty action.
Respondent is to pay the sum of $5,000 in full satisfaction of the agreement if it is executed within 30 days of the date of the notice. If it is executed between 31 and 60 days after the date of the Notice, Respondent agrees to pay the sum of $10,000, as full satisfaction of the civil penatly proposed.
Within sixty calendar days following the date of this agreement, Respondent will certify in accordance with 10 C.F.R. § 430.62 all basic models Respondent offers for distribution in commerce in the U.S.
Respondent agrees to pay $150 per day for each day in excess of sixtycalendar days following the date of this agreement for each basic model it
fails to certify in accordance with 10 C.F.R. § 430.62.
DOE, in reliance on the covenants and representations in this Compromise Agreement agrees to (1) accept respondent's payment, (2) promptly issue an adoption order adopting this agreement, (3) terminate the enforcement action with prejudice upon Respondent's completion of its obligations.
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