EPA v. Eastman Kodak Company

Case summary

Case and Facility Information Court or Administrative Docket or Index Number EPCRA-02-2003-4221 Enforcement Action Name Eastman Kodak Company Site(s): Eastman Kodak Company Kodak Park Enforcement Action Type EPCRA 325 Action for Penalty Statute(s)/Section(s) violated EPCRA 313 - Toxic Chem Release Reporting (TRI) CFR Citations: 40 CFR Part 372 Priority Activity National Action Priorities: Regional Action Priorities: Core Priority EPA Lead Attorney EPA Program Contact Aarti Reddy 732-906-6175 Violation Type Toxic release inventory (Section 313) Pollutants trichloroethylene Was this action taken in response to a violation found through an Inspection? No Was this a Multi-Media action? No Was the Agency activity taken in response to Environmental Justice concerns? No Was Voluntary Disclosure Policy applied to this action? No Was Alternative Dispute Resolution used in this action? No Conclusion Type Administrative Penalty Order Date of Final Order Lodging Date of Final Order 06/25/2003 Resolution Code Final Order with Penalty Injuctive Relief and Other Compliance Activities Physical Actions Non-Physical Actions Cost $0.00 $0.00 Supplimental Environmental Project (SEP) Information Categories of SEP(s) SEP Description Cost of SEP $0.00 Is Environmental Justice addressed by SEP? Penalty Final Assesed Penalty (Not including value of any SEP) EPA $4,551.00 State and Local Government $0.00 For Multi-Media actions, enter the Federal amounts by statute: Statute Amount CERCLA Cost Recovery Amount of cost recover awarded EPA $0.00 State and Local Government $0.00 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 intend to settle the case in this matter. A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted Form R report for to the EPA for trichloroethylene for reporting year 1998 on June 16, 2000. The reports were filed 350 days late. On April 24, 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. 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. If we issued an Administrative Complaint the proposed penalty would be $18,203. EPA and Kodak agree that settling this matter by entering into this Consent Agreement and Final Order pursuant to 40 C.F.R. � 22.13(b) and 40 C.F.R. � 22.18(b)(2) and (3), is an appropriate means of resolving this case without further litigation. To that end, the parties conducted an informal settlement discussion by telephone on May 13, 2003 between Ms. Jo Ann E. Gould, Attorney for Kodak and Ms. Aarti Reddy of the Pesticides and Toxic Substances Branch. Ms. Gould assured us that the company would continue to comply in a timely fashion. A 50% reduction was allowed for the voluntary self-disclosure. Due to Respondent's willingness to settle this matter in an expeditious manner without the issuance of a formal administrative complaint, an additional 10% reduction was allowed under the as justice may require portion of the ERP, in consideration of the savings to the Agency in time and the costs of litigation. A final 15% reduction was allowed under the �as justic

Defendants (1)

• Eastman Kodak CompanyNamed in complaintNamed in settlement

Facilities (1)

• EASTMAN KODAK COMPANY KODAK PARK

  1669 LAKE AVE., ROCHESTER, NY, 146523615

  Registry ID: 110000492173

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Eastman Kodak Companyentered 2003-06-25

  Primary law: EPCRA

  Federal penalty: $4,551

Timeline (4 milestones)

• 2003-06-25Enforcement Action Closed
• 2003-06-25Complaint Filed/Proposed Order
• 2003-06-25Final Order Issued
• 2003-07-02Enforcement Action Data Entered