EPA v. Hobby World Development Inc.

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 the Respondent voluntarily submitted the following Form R reports to the EPA: CHEMICAL YEAR DUE DATE POSTMARK DATE DAYS LATE STYRENE 2000 7/01/01 10/08/02 >1yr STYRENE 2001 7/01/02 10/08/02 100 A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted late Form R reports for styrene for calendar years 2000 and 2001. On July 1, 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 July 31, 2003, Mr. Benny Axelson, Human Resources Manager, Hobby World Development Inc. provided the requested information. Based on this information, it was determined that during years 2000 and 2001 the company had otherwise used (as defined in 40 C.F.R. � 372.3) greater 10,000 pounds of styrene each year. 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 company documented that it qualifies as a small business under the ERP as it has less than 50 employees and averages 1.5 million dollars in gross annual sales. The original proposed penalty would have been $7,805 if an administrative complaint had been issued.

Defendants (1)

• Hobby Word Development Inc.Named in complaintNamed in settlement

Facilities (1)

• HOBBY WORLD DEVELOPMENT

  120 INDUSTRIAL AVENUE, LITTLE FERRY, NJ, 07643-1921

  Registry ID: 110004154931

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Hobby World Development Inc.entered 2003-09-22

  Primary law: EPCRA

  Federal penalty: $1,951

Timeline (4 milestones)

• 2003-09-22Enforcement Action Closed
• 2003-09-22Complaint Filed/Proposed Order
• 2003-09-22Final Order Issued
• 2003-09-25Enforcement Action Data Entered