EPA v. Rochester Plating Works, Inc.

Case summary

LATE REPORTER INITIATIVE - 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 Rochester Plating Works, Inc. voluntarily submitted to the EPA late Form R reports for the following: Chemical Name Reporting Year Report Due Report Submitted Days Late zinc compounds 1997 July 1, 1998 September 28, 2000 >365 zinc compounds 1998 July 1, 1999 September 28, 2000 >365 nitrate compounds 1999 July 1, 2000 March 18, 2003 >365 nickel compounds 1999 July 1, 2000 March 18, 2003 >365 zinc compounds 1999 July 1, 2000 September 28, 2000 88 zinc compounds 2000 July 1, 2001 March 18, 2003 >365 nickel compounds 2000 July 1, 2001 March 18, 2003 >365 zinc compounds 2001 July 1, 2002 March 18, 2003 259 On January 10, 2003, a letter was sent to the company to address these late reporting violations and to request additional information. Based on the information provided by Rochester Plating Works, Inc�s initial response and subsequent communications the late reporting was confirmed. These failures to submit the Form R reports, in a timely manner, constitute violations 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. A penalty of $39,383 was proposed. A settlement of $6,000 was agreed upon.

Defendants (1)

• Rochester Plating Works, Inc.Named in complaintNamed in settlement

Facilities (1)

• ROCHESTER PLATING WORKS , INC

  2 CAIRN ST., ROCHESTER, NY, 146112476

  Registry ID: 110000327968

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Rochester Plating Works, Inc.entered 2003-06-20

  Primary law: EPCRA

  Federal penalty: $6,000

Timeline (4 milestones)

• 2003-06-20Enforcement Action Closed
• 2003-06-20Complaint Filed/Proposed Order
• 2003-06-20Final Order Issued
• 2003-06-26Enforcement Action Data Entered