EPA v. Helm New York, Inc.

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 a Form A report to the EPA for tetracycline hydrochloride for reporting year 1999 on June 18, 2001. The report was filed 351days late. On February 13, 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. On February 19, 2003, March 5 and 6, 2003, Helm New York Inc. (Helm) provided the requested information. Based on this information, it was determined that Helm had �imported� (as defined in 40 C.F.R. � 372.3) 41,887 lbs of tetracycline hydrochloride during 1999. The Respondent was required to submit the Form R report by July 1, 2000 for calendar year 1999 to the Administrator of EPA and to the State of New Jersey. This failure to submit a Form A report, in a timely manner, constitutes a violation of Section 313 of EPCRA, 42 U.S.C. � 11023, and 40 C.F.R � 372.30. 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 $5,331. The case was settled for $1,333 which represents a penalty mitigation of 75% as offerred under Region 2's Late Reporter Initiative

Defendants (1)

• Helm New York, Inc.Named in complaintNamed in settlement

Facilities (1)

• HELM NEW YORK INC.

  1110 CENTENNIAL AVE., PISCATAWAY, NJ, 088544169

  Registry ID: 110008054032

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Helm New York, Inc.entered 2003-04-24

  Primary law: EPCRA

  Federal penalty: $1,333

Timeline (4 milestones)

• 2003-04-24Enforcement Action Closed
• 2003-04-24Complaint Filed/Proposed Order
• 2003-04-24Final Order Issued
• 2003-04-30Enforcement Action Data Entered