EPA v. Picut Acquisitions Corporation dba American Products 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 Picut Acquisitions Corporation (dba American Products Company) voluntarily submitted to the EPA a late Form R report for the following: Chemical Name ReportingYear Report Due Report Submitted Days Late copper 2000 July 1, 2001 November 9, 2001 130 On June 30, 2003, a letter was sent to the company to address this late reporting violation and to request additional information. Based on the information provided by Picut Acquisitions Corporation�s (dba American Products Company) initial response and subsequent communications the late reporting was confirmed. This failure to submit a 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 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 $10,910 if an administrative complaint had been issued.

Defendants (1)

• Picut Acquisitions Corp dba American Products Co.Named in complaintNamed in settlement

Facilities (2)

• PICAT ACQUISITION CORP, AMERICAN PRODUCT

  610 RAHWAY AVE, UNION, NJ, 07083

  Registry ID: 110000319165

• PICAT ACQUISITION CORP, AMERICAN PRODUCT

  610 RAHWAY AVE, UNION, NJ, 07083

  Registry ID: 110000319165

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Picut Acquisitions Corp dba American Products Coentered 2003-09-18

  Primary law: EPCRA

  Federal penalty: $2,728

Timeline (4 milestones)

• 2003-09-18Enforcement Action Closed
• 2003-09-18Complaint Filed/Proposed Order
• 2003-09-18Final Order Issued
• 2003-09-29Enforcement Action Data Entered