EPA v. Nice-Pak Products, 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. It is our intent to settle this case in this manner. As result of an inspection conducted at Nice-Pak Products, Inc. on August 27, 2002 and a review of the Toxic Release Inventory Envirofacts Database (TRI Database) it was determined that the Respondent had voluntarily submitted the following late Form R reports to the EPA: CHEMICAL YEAR DUE DATE POSTMARK DATE DAYS LATE certain glycol ethers 2000 July 1, 2001 September 30, 2002 >1Yr certain glycol ethers 2001 July 1, 2002 September 30, 2002 91 On March 11, 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 in an effort to settle the potential proceeding expeditiously.. Each failure to submit 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 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 $28,284 if an administrative complaint had been issued.

Defendants (1)

• Nice-Pak Products, Inc.Named in complaintNamed in settlement

Facilities (1)

• NICE-PAK PRODUCTS INC

  2 NICE PAK RD, ORANGEBURG, NY, 10962

  Registry ID: 110000809224

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Nice-Pak Products, Inc.entered 2003-06-02

  Primary law: EPCRA

  Federal penalty: $16,970

Timeline (4 milestones)

• 2003-06-02Enforcement Action Closed
• 2003-06-02Complaint Filed/Proposed Order
• 2003-06-02Final Order Issued
• 2003-06-18Enforcement Action Data Entered