EPA v. Chautauqua Hardware Corporation

Case summary

'On April 11, 2001, Chautauqua Hardware Corporation ( Chautauqua ) submitted voluntary disclosure under the Audit Policy(AP). We have determined that Chautauqua''s request for penalty mitigation for it''s 31-35 Water Street Street facility does not meet Condition D.4 (Discovery and Disclosure Independent of Government or Third-Patry Plaintiff) under the AP because on March 12, 2001, we sent Mr. Clay Baker, Facility Engineer a Section 313 data quality review leter and questionnaire (Inspection by Mail). Therefore we are issuing a complaint for the late filing of Form R reports for copper for the years 1998 and 1999. Initially, the complaint was issued for $37,400, the penalty was changed to $35,980 during settlement because the facility had filed the 1999 Form R reports 321 days late and not 365 days late. On October 24 and December 3,2002, telephone settlement conferences were held between EPA and Mr. Mark Davis, esq. On December 5, 2002, the facility agreed to settle the case with a 25% reduction. The case was settled for $26,931.

Defendants (1)

• Chautauqua Hardware CorporationNamed in complaintNamed in settlement

Facilities (1)

• CHAUTAUQUA HARDWARE CORPORATION

  31-35 WATER ST., JAMESTOWN, NY, 147010520

  Registry ID: 110002379872

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Chautauqua Hardware Corporationentered 2003-02-21

  Primary law: EPCRA

  Federal penalty: $26,931

Timeline (4 milestones)

• 2002-09-11Complaint Filed/Proposed Order
• 2002-09-25Enforcement Action Data Entered
• 2003-02-21Enforcement Action Closed
• 2003-02-21Final Order Issued