EPA v. Sherburne Metal Products, 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. A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted the following Form R report to the EPA: CHEMICAL YEAR DUE DATE POSTMARK DATE DAYS LATE COPPER 2001 07/01/02 11/04/02 125 A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted a late Form R report for copper for the calendar year 2001. The Form R report was 125 days late. On June 27, 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. By letter dated July 18, 2003, Mr. Travis DuBois, Plant Manager, provided the requested information for Sherburne Metal Products, Inc. Based on this information, it was determined that during 2001 that the company had processed (as defined in 40 C.F.R. � 372.3) greater than ten times the threshold quantity of copper. The Respondent was required to submit the Form R report for copper for calendar year 2001 by July 1, 2002 to the Administrator of EPA and to the State of New York. The Form R report was postmarked November 4, 2002. The 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 $10,710 if an administrative complaint had been issued.

Defendants (1)

• Sherburne Metal Products, Inc.Named in complaintNamed in settlement

Facilities (1)

• SHERBURNE METAL PRODUCTS INC.

  40 S MAIN ST, SHERBURNE, NY, 13460

  Registry ID: 110000325899

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Sherburne Metal Products, Inc.entered 2003-09-22

  Primary law: EPCRA

  Federal penalty: $2,678

Timeline (4 milestones)

• 2003-09-22Enforcement Action Closed
• 2003-09-22Complaint Filed/Proposed Order
• 2003-09-22Final Order Issued
• 2003-09-29Enforcement Action Data Entered