EPA v. Tuscan Dairies

Case summary

Tuscan Dairies disclosed possible violations pursuant to EPA�s Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations, 65 FR 19618, April 11, 2000, effective May 11, 2000 (Audit Policy). In the disclosure, Tuscan located in Union, New Jersey indicated that it had failed to file Form R reports in a timely manner for nitrate compounds, and nitric acid for Reporting Year 2000 and for benzo (g,h,i) perylene, nitrate compounds, nitric acid, and polycyclic aromatic compounds for Reporting Year 2001 in violation of 40 CFR Part 372. A gravity-based penalty total of $128,700, could have been assessed for these non-reporting violations. The facility meets the conditions of the Audit Policy for 100% elimination of gravity-based penalties for these violations and an NOD had been prepared.

Defendants (1)

• Tuscan DairiesNamed in settlement

Facilities (1)

• TUSCAN DAIRY FARMS

  750 UNION AVE, UNION, NJ, 07083

  Registry ID: 110000319192

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Tuscan Dairiesentered 2005-03-09

  Primary law: EPCRA

Timeline (3 milestones)

• 2005-03-09Enforcement Action Closed
• 2005-03-09Final Order Issued
• 2005-04-12Enforcement Action Data Entered