EPA v. Inductotherm 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. The case was settled in this manner. A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted the following Form R reports to the EPA: CHEMICAL YEAR DUE DATE POSTMARK DATE DAYS LATE ETHYLENE GLYCOL 2000 R 07/01/01 11/26/01 147COPPER 2000 R 07/01/01 11/26/01 PROPYLENE 2000 R 07/01/01 11/26/01 On July 2, 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 FAX transmission dated July 15, 2003, Mr. Larry Marchica, Plant Superintendent, Inductotherm Corporation, provided the requested information. Based on this information, it was determined that Inductotherm Corporation had processed 868,351 pounds of copper, and otherwise used 49,440 pounds of ethylene glycol and 14,000 pounds of propylene during calendar year 2000. The Respondent was required to submit each Form R report to the Administrator of EPA and to the State of New Jersey in a timely manner. Each 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. 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 $40,480, if an administrative complaint had been issued. Under the Late Reporter Initiative, we mitigated the penalty by 75%.

Defendants (1)

• Inductotherm CorporationNamed in complaintNamed in settlement

Facilities (1)

• INDUCTOTHERM CORP.

  10 INDEL AVE, RANCOCAS, NJ, 08073

  Registry ID: 110000321287

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Inductotherm Corporationentered 2003-09-04

  Primary law: EPCRA

  Federal penalty: $10,120

Timeline (4 milestones)

• 2003-09-04Final Order Issued
• 2003-09-04Enforcement Action Closed
• 2003-09-04Complaint Filed/Proposed Order
• 2003-09-17Enforcement Action Data Entered