EPA v. UpState Printed Circuits, 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. The case was in settled in this manner. A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted a Form R report for ammonia for the calendar year 1999 which was 180 days late. The Form R report was submitted to the EPA December 28, 2000. On March 7, 2003, a letter addressing the above late reporting violation was sent to the company in an effort to gain more insight into the circumstances concerning the above violation. It was determined that the Respondent had failed to submit a timely Form R report for ammonia to the Administrator of EPA and to the State of New Jersey for calendar year 1999. This failure to submit the 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 $3,258 if an administrative complaint had been issued.

Defendants (1)

• UpState Printed Circuits, Inc.Named in complaintNamed in settlement

Facilities (1)

• UPSTATE PRINTED CIRCUITS INC

  208 LONGBRANCH ROAD, SYRACUSE, NY, 13209

  Registry ID: 110006532476

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• UpState Printed CIrcuits, Inc.entered 2003-05-19

  Primary law: EPCRA

  Federal penalty: $814

Timeline (4 milestones)

• 2003-05-19Enforcement Action Closed
• 2003-05-19Complaint Filed/Proposed Order
• 2003-05-19Final Order Issued
• 2003-06-04Enforcement Action Data Entered