EPA v. Rimtec Corporation

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. Our intent is to settle this case in this manner. A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the that Rimtec Corporation submitted the following late Toxic Release Inventory Form A or Form R reports on the respective dates: DOCUMENT CONTROL NUMBER YEAR CHEMICAL NAME FORM TYPE DUE DATE POSTMARK DATE DAYS LATE 1301155160524 2001 ANTIMONY COMPOUNDS R 07/01/02 10/15/02 105 1301155160548 2001 DI(2-ETHYLHEXYL) PHTHALATE R 07/01/02 10/15/02 105 1301155160551 2001 LEAD COMPOUNDS R 07/01/02 10/15/02 105 1301155160563 2001 BARIUM COMPOUNDS R 07/01/02 10/15/02 105 1300145165559 2000 ANTIMONY COMPOUNDS R 07/01/01 09/24/01 84 1300145165561 2000 ZINC COMPOUNDS R 07/01/01 09/24/01 84 1300145165573 2000 DI(2-ETHYLHEXYL) PHTHALATE R 07/01/01 09/24/01 84 1300145165585 2000 LEAD COMPOUNDS R 07/01/01 09/24/01 84 1300145165597 2000 BARIUM COMPOUNDS R 07/01/01 09/24/01 84 1399135216568 1999 BARIUM COMPOUNDS R 07/01/00 12/22/00 173 1399135216570 1999 LEAD COMPOUNDS R 07/01/00 12/22/00 173 1399135216582 1999 DI(2-ETHYLHEXYL) PHTHALATE R 07/01/00 12/22/00 173 1399135216594 1999 ZINC COMPOUNDS R 07/01/00 12/22/00 173 1399135216618 1999 ANTIMONY COMPOUNDS R 07/01/00 12/22/00 173 1398125268538 1998 BARIUM COMPOUNDS R 07/01/99 09/07/99 68 1398125268540 1998 LEAD COMPOUNDS R 07/01/99 09/07/99 68 1398125268553 1998 DI(2-ETHYLHEXYL) PHTHALATE R 07/01/99 09/07/99 68 1398125268565 1998 ZINC COMPOUNDS R 07/01/99 09/07/99 68 1398125268577 1998 ANTIMONY COMPOUNDS R 07/01/99 09/07/99 68 1397115280733 1997 LEAD COMPOUNDS R 07/01/98 11/18/98 140 1397116058722 1997 ANTIMONY COMPOUNDS A 07/01/98 11/18/98 140 1397116058734 1997 BARIUM COMPOUNDS A 07/01/98 11/18/98 140 The failure to submit in a timely manner complete and correct Form A or Form R reports constitutes a failure to comply with Section 313 of the Emergency Planning and Community Right-to-Know-Act (EPCRA) (42 U.S.C. �11023), and the Federal regulations that set out in greater detail the Section 313 reporting requirements codified at 40 C.F.R. Part 372. On February 21, 2003, a letter addressing the above late reporting violations was sent to the company in an effort to gain more insight into the circumstances concerning the above violation. As a result of phone conversations between Mr. Charles Goldman, President, and Ms. Mary A. Kowalski, Pesticides, and Toxic Substances Branch, it was determined that the Respondent had failed to submit timely Form R reports for the above listed chemicals to the Administrator of EPA and to the State of New Jersey for calendar years 1997, 1998, 1999, 2000, and 2001. The failure to submit a Form R 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. The original proposed penalty would have been $189,014 if an administrative complaint had been issued based on the definition of late under the Late Reporter Initiative which is any report submitted equal to or greater than 90 days late.

Defendants (1)

• Rimtec CorporationNamed in complaintNamed in settlement

Facilities (2)

• RIMTEC CORPORATION

  1702 BEVERLY ROAD, BURLINGTON, NJ, 08016

  Registry ID: 110000320965

• RIMTEC CORPORATION

  1702 BEVERLY ROAD, BURLINGTON, NJ, 08016

  Registry ID: 110000320965

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Rimtec Corporationentered 2003-05-14

  Primary law: EPCRA

  Federal penalty: $47,254

Timeline (4 milestones)

• 2003-05-14Enforcement Action Closed
• 2003-05-14Complaint Filed/Proposed Order
• 2003-05-14Final Order Issued
• 2003-05-28Enforcement Action Data Entered