EPA v. NYP 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 settled the case in this manner. A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted late Form R reports for ammonia and copper compounds for the calendar years 1997, 1998 and 1999 on October 19, 2001. Each Form R report was greater than one year late. 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 violations. By letter dated April 3, 2003, Mr. Christopher LaBelle, Vice President of Operations provided the requested information for NYP Corporation. Based on this information, it was determined that NYP Corporation had otherwise used or processed (as defined in 40 C.F.R. � 372.3) less than ten times each respective threshold of ammonia or copper compounds during 1997, 1998 and 1999. The Respondent was required to submit the 1997 Form R reports by July 1, 1998, the 1998 Form R reports by July 1, 1999 and the 1999 Form R reports by July 1, 2000 to the Administrator of EPA and to the State of New York. Each Form R was postmarked October 19, 2001. Each failure to submit the 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 $112,200 if an administrative complaint had been issued.

Defendants (1)

• NYP CorporationNamed in complaintNamed in settlement

Facilities (1)

• NYP CORPORATION

  805 E GRAND ST, ELIZABETH, NJ, 07201

  Registry ID: 110004231135

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• NYP Corporationentered 2003-06-25

  Primary law: EPCRA

  Federal penalty: $16,800

Timeline (4 milestones)

• 2003-06-25Enforcement Action Closed
• 2003-06-25Complaint Filed/Proposed Order
• 2003-06-25Final Order Issued
• 2003-07-03Enforcement Action Data Entered