EPA v. Franklin Burlington Plastics, aka Spartech Polycom Inc

Case summary

On July 16, 2002, Franklin Burlington Plastics, Inc. disclosed to EPA that subsequent to a corporate audit conducted at its facility by Jorgensen Environmental, 10374 Trademark Street, Rancho Cucamonga, California 91730, on or about June 15, 2002 that it had failed to submit timely, complete and correct Toxic Chemical Release Inventory Reporting Form R reports as required by Section 313 of the Emergency Community Right-to-Know Act (EPCRA), 42 U.S.C. �11023, and the Federal regulations that set out in greater detail the Section 313 reporting requirements, 40 C.F.R. Part 372 for the following chemicals in the respective years: 1) Form R report for di(2-ethylhexyl)phthlate for calendar year 2000; 2) Form R reports for certain glycol ethers for calendar years 1999 and 2000; 3) Form R report for PACs for calendar year 2000; and 4) the company had erroneously filed Form A reports: a) for barium compounds for calendar years 1997 and 1998; b) for cadmium compounds for calendar years 1997, 1998, 1999, and 2000; c) for lead compounds for calendar years 1997 and 1999; d) for zinc compounds for calendar years 1997, 1998, and 1999; therefore, e) based on Audit results, it appears that the company did not exceed the reporting threshold of 25,000 pounds for these compounds, and thus was not required to submit Form A or Form R reports for the above mentioned compounds.

Defendants (2)

• Franklin Burlington Plastices, Inc.Named in settlement
• Sparta Polycom Inc a/k/a/

Facilities (3)

• FRANKLIN BURLINGTON PLASTICS

  113 PASSAIC AVENUE, KEARNY, NJ, 07032

  Registry ID: 110000318335

• FRANKLIN BURLINGTON PLASTICS

  113 PASSAIC AVENUE, KEARNY, NJ, 07032

  Registry ID: 110000318335

• FRANKLIN BURLINGTON PLASTICS

  113 PASSAIC AVENUE, KEARNY, NJ, 07032

  Registry ID: 110000318335

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Franklin Burlington Plastics, aka Spartech Polycomentered 2003-01-30

  Primary law: EPCRA

Timeline (3 milestones)

• 2003-01-30Enforcement Action Closed
• 2003-01-30Final Order Issued
• 2003-03-04Enforcement Action Data Entered