EPA v. INDIUM CORP OF AMERICA

Case summary

05/23/00 - AUDIT POLICY DISCLOSURE DATE. ON MAY 23, 2000 INDIUM DISCLOSED TO EPA THAT AT A EPA SPON- SORED TRI COMPLIANCE ASSISTANCE SEMINAR THE COMPANY DIS- COVERED THEY HAD INCORRECTLY CALCULATED LEAD RELEASES FOR TWO OF ITS FACILITIES LECATED N CLINTON, NY AND UTICA, NY, RESPECTIVELY. AS SUCH, THIS LEAD TO THE IMPROPER FILING OF A FORM A, WHEN A FORM R SHOULD HAVE BEEN FILED, FOR REPORT- ING YEARS 1995 THROUGH 1998. * ON MAY 23, 2000, INDIUM SUBMITTED A WRITTEN AND SIGNED STATEMENT OF VOLUNTARY DISCLOSURE TO EPA, STATING THAT THEY HAD BEEN INCORRECTLY FILING EPCRA FORM A TRI REPORTS FOR LEAD, IN LIEU OF FORM R, FOR REPORTING YEARS 1995 THROUGH 1998, AT TWO SEPARATE FACILITIES. NOTWITHSTANDING THE EX- PLICIT LANGUAGE IN THE REGULATION 40 CFR SECTION 372.27(A) THAT SPECIFIES THAT THE AMOUNTS TRANSFERRED FROM A FACILITY TO OFF-SITE LOCATIONS FOR RECYCLING PURPOSES IS INCLUDED IN THE COMBINED TOTAL QUANTITIES RELEASED, THE FACILITY HAD ERRONESOUSLY THOUGHT THAT SENDING SPENT MATERIALS CONTAINING LEAD OFF-SITE TO A METAL RECLAMATION FACILITY DID NOT COUNT AS A RELEASE. AND, WITHOUT INCLUDING THESE OFF-SITE TRANS- FERS, INDIUM THOUGHT THEY MET THE NECESSARY CRITERIA TO FILE A FORM A. IN THEIR DISCLOSURE, IT WAS EXPLAINED THAT ON MAY 4, 2000 REPRESENTATIVES FROM THE COMPANY ATTENDED AN EPA SPONSORED SECTION 313 TRI COMPLIANCE ASSISTANCE SEMINAR IN SYRACUSE, NY. IT WAS AT THIS SEMINAR THAT THE COMPANY REPRESENTATIVES LEARNED THE COMPANY HAS BEEN SUBMITTING THE WRONG FORM TO TRI. AS SUCH, THE DISCOVERY OF THE VIOLATION DID NOT RESULT FROM AN AUDIT OR CONFORMING COMPLIANCE MANAGEMENT SYSTEM BY THE COMPANY. TO PREVENT SUCH FAILURES IN THE FUTURE, BOTH FACILITIES UNDER WENT A SUBSEQUENT VOLUNRARY SELF-AUDIT OF THEIR RECORDS FOR THE CLAENDAR YEARS 1995 TO 1998. ORIGINAL PENALTY WA $86,000 FOR THE TWO FACILITIES. COMPANY SETTLED AT $17,200 AFTER RECEIVING 75% OFF ON THE AUDIT POLICY, AND AN ADDITIONAL $5 AS JUSTICE MAY REQUIRE. AUDIT POLICY CASE NO. 02-2000-0538.

Defendants (1)

• INDIUM CORPORATION OF AMERICANamed in complaintNamed in settlement

Facilities (3)

• INDIUM CORPORATION OF AMERICA

  36 ROBINSON RD., CLINTON, NY, 13323

  Registry ID: 110004393754

• INDIUM CORPORATION OF AMERICA

  1676 LINCOLN AVENUE, UTICA, NY, 13502

  Registry ID: 110000325960

• INDIUM CORPORATION OF AMERICA

  1676 LINCOLN AVENUE, UTICA, NY, 13502

  Registry ID: 110000325960

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• INDIUM CORP OF AMERICAentered 2001-09-26

  Primary law: EPCRA

  Federal penalty: $17,200

Timeline (4 milestones)

• 2001-04-25Complaint Filed/Proposed Order
• 2001-07-18Enforcement Action Data Entered
• 2001-09-26Final Order Issued
• 2001-09-26Enforcement Action Closed