EPA v. Kimble Glass Inc.

Case summary

LATE Reporter Initiative: 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. A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that Kimble Glass Inc. (Kimble) voluntarily submitted to the EPA late Form R reports for the following: Chemical Name Reporting Year Report Due Report Submitted Days Late Barium 1998 July 1, 1999 September 15, 1999 75* Barium 1999 July 1, 2000 March 19, 2001 260 Barium 2000 July 1, 2001 May 9, 2002 311 * No penalty assessed because late filing less than 90 days On April 24 2003, a letter was sent to the company to address these late reporting violations and to request additional information. On April 29, May 6, 7 and 13, 2003, Kimble provided the requested information. Based on this information, it was determined that Kimble had reported late and had �processed� (as defined in 40 C.F.R. � 372.3) 35,125, 133,707 and 85,097 lbs of barium during 1998, 1999 and 2000. 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. 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. A penalty of $32,129 was proposed. A 50% reduction was allowed for the voluntary self-disclosure. Due to Respondent's willingness to settle this matter in an expeditious manner without the issuance of a formal Administrative Complaint, an additional 10% reduction was allowed under the as justice may require portion of the ERP, in consideration of the savings to the Agency in time and cost of litigation. A final 15% reduction was allowed under the �as justice may require� portion of the ERP in consideration of Region 2's late reporter initiative to expeditiously address the nearly 800 late Form R reports filed for reporting years 1997 through 2000 by facilities in Region 2. This 75% reduction would bring the new proposed penalty to $8,032. Kimble agreed to pay $8,032

Defendants (1)

• Kimble Glass Inc.Named in complaintNamed in settlement

Facilities (2)

• KIMBLE GLASS INC.

  537 CRYSTAL AVENUE, VINELAND, NJ, 08360

  Registry ID: 110000321599

• KIMBLE GLASS INC.

  537 CRYSTAL AVENUE, VINELAND, NJ, 08360

  Registry ID: 110000321599

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Kimble Glass Inc.entered 2003-07-24

  Primary law: EPCRA

  Federal penalty: $8,032

Timeline (4 milestones)

• 2003-07-24Complaint Filed/Proposed Order
• 2003-07-24Final Order Issued
• 2003-07-24Enforcement Action Closed
• 2003-07-30Enforcement Action Data Entered