EPA v. Pactiv Corporation

Case summary

Pactiv Corporation disclosed possible violations to the U.S. Environmental Protection Agency (EPA) pursuant to EPA�s Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations, 65 FR 19618, April 11, 2000, effective May 11, 2000 (Audit Policy). In the disclosure, Pactiv Corporation located in Canandaigua, New York indicated that it had failed to file Form A reports in a timely manner for zinc compounds for reporting years 2000, 2001 and 2002 in violation of 40 CFR Part 372. A gravity-based penalty total of $37,400 could have been assessed for these non-reporting violations. The facility meets the conditions of the Audit Policy for 100% elimination of gravity-based penalties for these violations and an NOD had been prepared. Complying Action Calculation: [1 Form Rs (1st reporting year) * $ 4,796 Reporting per Form R] + [2 Form Rs (subsequent reporting year) * $ 3,274 Reporting per Form R] + [3 Form Rs * $283 Record Keeping per Form R] = $12,193 , approximately $12,200.

Defendants (1)

• Pactiv CorporationNamed in settlement

Facilities (1)

• PACTIV CORP

  5250 NORTH ST, CANANDAIGUA, NY, 14424-1095

  Registry ID: 110022294596

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Pactiv Corporationentered 2004-12-17

  Primary law: EPCRA

Timeline (3 milestones)

• 2004-12-17Enforcement Action Closed
• 2004-12-17Final Order Issued
• 2005-03-31Enforcement Action Data Entered