EPA v. Alfred Heller Heat Treating Company

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. A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that Alfred Heller Heat Treating Company voluntarily submitted to the EPA late Form R reports for the following: Chemical Name ReportingYear Report Due Report Submitted Days Late sodium nitrite 1998 July 1, 1999 June 28, 2000 362 nitrate compounds 1998 July 1, 1999 June 28, 2000 362 On June 30, 2003, a letter was sent to the company to address these late reporting violations and to request additional information. Based on the information provided by Alfred Heller Heat Treating Company�s initial response and subsequent communications the late reporting was confirmed. 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. The original proposed penalty would have been $10,928 if an administrative complaint had been issued.

Defendants (1)

• Alfred Heller Heat Treating CompanyNamed in complaintNamed in settlement

Facilities (1)

• ALFRED HELLER HEAT TREATING CO. SITE

  5 WELLINGTON STREET, CLIFTON, NJ, 07011-2133

  Registry ID: 110000318068

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Alfred Heller Heat Treating Companyentered 2003-09-23

  Primary law: EPCRA

  Federal penalty: $2,732

Timeline (4 milestones)

• 2003-09-23Enforcement Action Closed
• 2003-09-23Complaint Filed/Proposed Order
• 2003-09-23Final Order Issued
• 2003-10-01Enforcement Action Data Entered