EPA v. Russell-Stanley Corp.

Case summary

This is a consolidated action pursuant to our Consolidated Rules of Practice, 40 C.F.R. �22.18(b)(2) and (3), which provide that a proceeding may be simultaneously commenced and concluded by the issuance of a Consent Agreement and Final Order when the parties agree to settle one or more causes of action before the filing of an Administrative Complaint. A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicates that Russell Stanley, Inc. voluntarily submitted to the EPA late Form R reports for the following: 1997 calendar year - methyl ethyl ketone, ethylbenzene, certain glycol ethers, n-butyl alcohol, xylene (mixed isomers); 1998 calendar year - toluene, phosphoric acid, methyl ethyl ketone, ethylbenzene, certain glycol ethers, n-butyl alcohol, xylene (mixed isomers), toluene. These failures to submit the Form R reports, in a timely manner, constitute violations of Section 313 of EPCRA, 42 U.S.C. �11023, and 40 C.F.R �372.30. A penalty of $251,146 was initially calculated using the Enforcement Response Policy (ERP) for Section 313 of EPCRA issued by the USEPA Office of Compliance Monitoring, Office of Pesticides and Toxic Substances, on August 10, 1992. This is a consolidated action pursuant to our Consolidated Rules of Practice, 40 C.F.R. �22.18(b)(2) and (3), which provide that a proceeding may be simultaneously commenced and concluded by the issuance of a Consent Agreement and Final Order when the parties agree to settle one or more causes of action before the filing of an Administrative Complaint. A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicates that Russell Stanley, Inc. voluntarily submitted to the EPA late Form R reports for the following: 1997 calendar year - methyl ethyl ketone, ethylbenzene, certain glycol ethers, n-butyl alcohol, xylene (mixed isomers); 1998 calendar year - toluene, phosphoric acid, methyl ethyl ketone, ethylbenzene, certain glycol ethers, n-butyl alcohol, xylene (mixed isomers), toluene. These failures to submit the Form R reports, in a timely manner, constitute violations of Section 313 of EPCRA, 42 U.S.C. �11023, and 40 C.F.R �372.30.

Defendants (1)

• Russell-Stanley Corp.Named in complaintNamed in settlement

Facilities (1)

• RUSSELL STANLEY CORPORATION

  14 CONVERY BOULEVARD, WOODBRIDGE, NJ, 07095

  Registry ID: 110000500930

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Russell-Stanley Corp.entered 2003-04-29

  Primary law: EPCRA

  Federal penalty: $62,786

Timeline (4 milestones)

• 2003-04-29Final Order Issued
• 2003-04-29Enforcement Action Closed
• 2003-04-29Complaint Filed/Proposed Order
• 2003-06-04Enforcement Action Data Entered