EPA v. Rad-Cure 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. We intend to settle this case in this manner. The Respondent, Rad-Cure Corporation located at 9 Audrey Place, Fairfield, New Jersey, is the owner of a facility that has owned, used and maintained, stored or disposed of PCBs and PCB items. On September 26, 2002, duly designated representatives of the EPA inspected Respondent's facility and determined that Respondent had failed to identify PCB waste on EPA Form 8700-22 at the time it was submitted for off-site disposal in accordance with the specifications and requirements of 40 C.F.R. � 761.207. A penalty of $ $5,500 would have been issued for the PCB violation if a complaint had been issued. On November 14, 2002, duly designated representatives of the EPA conducted an inspection of and at Respondent's facility under Section 313 and 328 of the Emergency Planning and Community Right-to-Know Act (EPCRA), 42 U.S.C. ��11023 and 11048 (hereinafter, the EPCRA Inspection ). As a result of the EPCRA inspection, and the review of documents submitted at and subsequent to the EPCRA inspection, EPA representatives determined that Respondent was required to submit Toxic Chemical Release Inventory Reporting Form R reports for certain glycol ethers for the calendar years 1997, 1998, 1999, 2000 and 2001. 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 $27,500 would have been issued if a complaint had been issued.

Defendants (1)

• Rad-Cure CorporationNamed in complaintNamed in settlement

Facilities (1)

• RAD-CURE CORP

  9 AUDREY PLACE, FAIRFIELD, NJ, 07004

  Registry ID: 110004122958

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Rad-Cure Corporationentered 2003-06-25

  Primary law: EPCRA

  Federal penalty: $15,755

Timeline (4 milestones)

• 2003-06-25Enforcement Action Closed
• 2003-06-25Complaint Filed/Proposed Order
• 2003-06-25Final Order Issued
• 2003-07-07Enforcement Action Data Entered