EPA v. New Venture Gear of New York L.L.C.

Case summary

LATE REPORTER INITITATIVE - 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 New Venture Gear of New York L.L.C. (New Venture) voluntarily submitted to the EPA late Form R reports for Lead for 1997, 1998 and 1999. All Form R reports were filed over a year late on July 2, 2001. On April 24, 2003, a letter was sent to the company to address these late reporting violations and to request additional information. On June 3, 2003, New Venture provided the requested information. Based on this information, it was determined that New Venture had reported late and had �processed� (as defined in 40 C.F.R. � 372.3) 48,299, 54,859, 58,266 lbs of lead during 1997, 1998 and 1999. 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 $56,100 was proposed. EPA and New Venture agree that entering into this Consent Agreement and Final Order (�CAFO�) 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 matter without further litigation. To that end, the parties conducted informal settlement negotiations by telephone conference on May 13, 2003 between Ms. Doreen Simmons 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 cost of litigation. A final 15% reduction was allowed under the �as justice may require� portion of the ERP in consideration of Region 2's late reporter initiative to expeditiously address the nearly 800 late Form R reports filed for reporting years 1997 through 2000 by facilities in Region 2. This 75% reduction would bring the new proposed penalty to $14,025. New Venture agreed to pay $14,025. This penalty was reduced in accordance with the Enforcement Response Policy for Section 313 of EPCRA. In order to reach an equitable settlement, we accepted a reduced penalty of $14,025 and prepared the Consent Agreement and Final Order accordingly.

Defendants (1)

• New Venture Gear of New York L.L.C.Named in complaintNamed in settlement

Facilities (1)

• NEW VENTURE GEAR OF NY L. L .C.

  6600 NEW VENTURE GEAR DR., EAST SYRACUSE, NY, 13057

  Registry ID: 110000325274

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• New Venture Gear of New York L.L.C.entered 2003-06-26

  Primary law: EPCRA

  Federal penalty: $14,025

Timeline (4 milestones)

• 2003-06-26Enforcement Action Closed
• 2003-06-26Complaint Filed/Proposed Order
• 2003-06-26Final Order Issued
• 2003-07-02Enforcement Action Data Entered