EPA v. Stewart Stamping Corporation, d/b/a Stweart EFI-NY, LLC.

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. We settled this case in this manner. A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted Form R reports for nickel, copper, dichloromethane, and trichloroethylene for the calendar year 1999 which were 192 days late. The Form R reports were submitted to the EPA January 9, 2001. On March 28, 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 reports for nickel, copper, dichloromethane, and trichloroethylene to the Administrator of EPA and to the State of New York for calendar year 1999. This failure to submit each 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 $51,727 if an administrative complaint had been issued.

Defendants (1)

• Stewart Stamping Corp., dba Stewart EFI-NY, LLC.Named in complaintNamed in settlement

Facilities (1)

• STEWART EFI NEW YORK LLC

  630 CENTRAL PARK AVE., YONKERS, NY, 107042000

  Registry ID: 110000322892

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Stewart Stamping Corporation, d/b/a Stweart EFI-entered 2003-08-20

  Primary law: EPCRA

  Federal penalty: $12,932

Timeline (4 milestones)

• 2003-08-20Enforcement Action Closed
• 2003-08-20Complaint Filed/Proposed Order
• 2003-08-20Final Order Issued
• 2003-09-02Enforcement Action Data Entered