EPA v. COLORCO INC

Case summary

COLORCO, INC. FAILED TO FILE TOXIC RELEASE INVENTORY FORM R REPORTS FOR ZINC COMPOUNDS FOR CALENDAR YEARS 1996, 1997, 1998, 1999, AND 2000 WITH THE USEPA AND THE STATE OF NJ. FACILILTY HAS BEEN REQUESTED TO FILE THE FORMS TO COME INTO COMPLIANCE. AN ADMINISTRATIVE COMPLAINT WAS PREPARED, SIGNED BY L. JACK- SON, ACTING DECA DIVISION DIRECTOR, ON NOV. 9, 2001, AND MAILED TO THE RESPONDENT, COLORCO, INC., A COMPANY DOING BUSINESS IN LINDEN, NEW JERSEY, ON NOV. 15, 2001. THE COM- PLAINT CHARGED THAT THE COMPANY HAD NOT FILED THE REQUIRED TRI FORMS R FOR PROCESSING > THAN 25,000 POUNDS OF ZINC COMPOUNDS IN REPORTING YEARS 1996, 1997, 1998, 1999 & 2000. * THE BASIS OF THE ADMINISTRATIVE COMPLAINT WAS DEVELOPED FROM INFO PROVIDED BY COLORCO, INC. IN RESPONSE TO A LETTER SENT TO THE COMPANY ON AUG. 10, 2001 REQUESTING INFORMATION PER- TAINING TO EPCRA SECTION 313. * A SETTLEMENT CONFERENCE WAS HELD ON DEC. 4, 2001 WITH MR. CHRISTOPHER BATES OF COLORCO, INC. & MS. MARY ANN KOWALSKI OF THE PESTICIDES AND TOXIC SUBSTANCES BRANCH. SUBSEQUENT TO THE CONFERENCE, MR. BATES PROVIDED ADDITIONAL INFO THAT SHOWED THAT THE COMPANY HAD PROCESSED LESS THAN THRESHOLD AMOUNTS OF ZINC COMPOUNDS DUE TO THE FACT THAT THEY WERE DIRECTLY SELLING UNOPENED PACKAGES TO ANOTHER COMPANY. COLORCO, INC. HAD NOT PREVIOUSLY REVEALED THIS BUSINESS ARRANGEMENT TO THE EPA. THE CO. SUPPORED THIS CLAIM WITH * LETTERS FROM THEIR SUPPLIERS OF ZINC COMPOUNDS AND THEIR ONE COSTOMER. ADDITIONALLY, THE COMPANY HAD NOT SUBTRACTED THEIR END OF YEAR INVENTORY FROM THE THRESHOLD AMOUNTS ORIGINALLY REPORTED TO THE EPA. BASED ON THE NEW INFO, IT APPEARS THAT COLORCO, INC. WAS NOT REQUIRED TO SUBMIT TRI FORMS R FOR ZINC COMPOUNDS FOR 1996, 1997, 1998, 1999 AND 2000. WE THUS RECOMMENDED THAT THE CASE BE WITHDRAWN AND REMOVED FROM DOCKET.

Defendants (1)

• COLORCO INCNamed in complaint

Facilities (2)

• COLORCO INCORPORATED

  1261 W ELIZABETH AVE, LINDEN, NJ, 070360004

  Registry ID: 110001537515

• COLORCO INCORPORATED

  1261 W ELIZABETH AVE, LINDEN, NJ, 070360004

  Registry ID: 110001537515

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Timeline (3 milestones)

• 2001-11-09Complaint Filed/Proposed Order
• 2001-11-21Enforcement Action Data Entered
• 2002-02-12Enforcement Action Closed