EPA v. THERMAL REDUCTION COMPANY

Case summary

********FACILITY****** THERMAL REDUCTION COMPANY, INC. 1 PAVILION AVENUE RIVERSIDE, NJ 08075 **********************SINGLE MEDIUM INSPECTION OR CASE. ACTION WILL BE BASED ON SECTION 325(F)(1)OF THE EMERGENCY PLANNING COMMUNITY RIGHT TO KNOW ACT. DEFENDANT, A MANUFACTURER OF METAL PRODUCTS, WAS REQUIRED TO REPORT THE MANUFACTURE, PROCESS, OR OTHERWISE USE OF LISTED CHEMICALS IN AMOUNTS EXCEEDING THE REPORTING THRESHOLD TO THE AGENCY BY SUBMITTING EPA FORM R ON OR BEFORE JULY 15, OF THE SUBSEQUENT TO THE REPORTING YEAR. DEFENDANT FAILED TO SUBMIT AN EPA FORM R FOR LEAD PROCESSED IN AMOUNTS EXCEEDING THE REPORTING THRESHOLDS IN 1987 AND 1988. CONSEQUENTLY, EPA FILED A COMPLAINT & NOTICE OF OPPORTUNITY FOR HEARING, DOCKET NO. II EPCRA 91-0102, AGAINST DEFENDANT. DEFENDANT DID NOT FILE ANSWER IN RESPONSE TO THE COMPLAINT. EPA MOVED FOR DEFAULT ORDER ASSESSING PENALTY IN THE AMOUNT OF $34,000. THE REGIONAL ADMINISTRATOR GRANTED THE DEFAULT ORDER. DEFENDANT THEN APPEALED THE DEFAULT ORDER. THE ENVIRONMENTAL APPEALS BOARD AFFIRMED THE ADMINISTRATIVE ORDER AND ORDERED PAYMENT OF THE $34,000 PENALTY WITHIN 60 DAYS. DESPITE RECEIPT OF THREE EPA DEMAND LETTERS, DEFENDANT HAS NOT PAID THE ASSESSED PENALTY. * FACILITY NAME: TR METALS CORPORATION ADDRESS: 1 PAVILION AVE CITY & STATE: RIVERSIDE, NJ 08705 * REFERRED TO JUSTICE ON 9/13/96 (ENFORCEMENT OF CD ORDER WHICH WAS A RESULT OF THIS COLLECTION CASE) THE ENFORCEMENT REFERRAL (AMENDMENT) SEEKS COLLECTION OF THE CIVIL PENALTY AND ADDS STIPULATED PENALTIES. THE MINIMUM TOTAL NOW TO BE COLLECTED IS $111,624,51 (AS OF 9/96).

Defendants (3)

• THERMAL REDUCTION COMPANY
• TR METALS CORPORATIONNamed in complaintNamed in settlement
• TR METALS CORPORATION (SETTLEMENT 2)Named in settlement

Facilities (1)

• THERMAL REDUCTION CO

  RIVER RD & PAVILLION AVE, RIVERSIDE, NJ, 08075

  Registry ID: 110010294010

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (2)

• TR METALS CORPORATIONentered 1995-09-20

  Primary law: EPCRA

  Federal penalty: $39,977

• TR METALS CORPORATIONentered 1997-04-28

  Primary law: EPCRA

  Federal penalty: $34,000

Timeline (7 milestones)

• 1993-05-17Enforcement Action Data Entered
• 1993-09-29Referred To Dept Of Justice
• 1995-03-10Complaint Filed With Court
• 1997-04-28Final Order Lodged
• 1997-04-28Final Order Entered
• 1997-04-28Concluded
• 1997-04-28Enforcement Action Closed