EPA v. Fisher Scientific Company, LLC

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 Respondent had voluntarily submitted a Form R report for methanol for the calendar year 1998 which was 99 days late. On March 7, 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. EPA and Fisher Scientific Company, L.L.C. (Fisher Scientific) agree that settling this matter by entering into this Consent Agreement and Final Order pursuant to 40 C.F.R. �22.13(b) and 40 C.F.R. �22.18(b)(2) and (3), is an appropriate means of resolving this case without further litigation, and to that end; the parties conducted an informal settlement conference over the telephone between Mr. Thomas Tisa, Director of Environmental Health and Safety Support at Fisher Scientific, and Ms. Mary A. Kowalski of the Pesticides and Toxic Substances Branch. Based on the information exchanged during the conference call, it was determined that Fisher Scientific had �otherwise used� (as defined in 40 C.F.R. � 372.3) greater than ten times the reporting threshold of 10,000 pounds of methanol during 1998. The Respondent was required to submit the Form R for methanol by July 1, 1999 for calendar year 1998 to the Administrator of EPA and to the State of New Jersey. This failure to submit the Form R, in a timely manner, constitutes a violation of Section 313 of EPCRA, 42 U.S.C. �11023, and 40 C.F.R �372.30. Mr. Tisa assured us that the company would continue to comply in a timely fashion. The original proposed penalty would have been $15,430 if we had issued an administrative complaint.

Defendants (1)

• Fisher Scientific Company, LLCNamed in complaintNamed in settlement

Facilities (3)

• FISHER SCIENTIFIC COMPANY, LLC

  755 ROUTE 202, SOMERVILLE, NJ, 08876

  Registry ID: 110030750364

• FISHER SCIENTIFIC COMPANY, LLC

  755 ROUTE 202, SOMERVILLE, NJ, 08876

  Registry ID: 110030750364

• FISHER SCIENTIFIC COMPANY, LLC

  755 ROUTE 202, SOMERVILLE, NJ, 08876

  Registry ID: 110030750364

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Fisher Scientific Company, LLCentered 2003-04-29

  Primary law: EPCRA

  Federal penalty: $3,858

Timeline (4 milestones)

• 2003-04-29Enforcement Action Closed
• 2003-04-29Complaint Filed/Proposed Order
• 2003-04-29Final Order Issued
• 2003-05-29Enforcement Action Data Entered