EPA v. Koch Material Co.

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. We intend to settle the case in this matter. A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted Form R reports for the Petty's Island facility to the EPA for 1,2,4--trimethylbenzene and ethylbenzen for reporting year 1997 on April 15, 1999. The reports were filed 287days late. The Respondant also filed the benzene Form R report for 1998 for the Gloucester City Facility over a year late. On January 30, 2003, a letter addressing the above late reporting violation was sent to the company in an effort to gain more insight into the circumstances concerning the above violation. The amount of the penalty 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. If we issued an Administrative Complaint the proposed penalty would be $9119.

Defendants (1)

• Koch Material Co.Named in complaintNamed in settlement

Facilities (3)

• KOCH MATERIALS COMPANY

  KING STREET & JERSEY AVENUE, GLOUCESTER CITY, NJ, 08030

  Registry ID: 110007927011

• KOCH MATERIALS CO

  36TH STREET & RIVER ROAD, PETTY'S ISLAND, PENNSAUKEN, NJ, 08110

  Registry ID: 110015311367

• KOCH MATERIALS COMPANY

  KING STREET & JERSEY AVENUE, GLOUCESTER CITY, NJ, 08030

  Registry ID: 110007927011

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Koch Material Co.entered 2003-05-15

  Primary law: EPCRA

  Federal penalty: $3,655

Timeline (4 milestones)

• 2003-05-15Enforcement Action Closed
• 2003-05-15Complaint Filed/Proposed Order
• 2003-05-15Final Order Issued
• 2003-06-05Enforcement Action Data Entered