EPA v. S.A. Day Mfg. Co., Inc. (The)

Case summary

A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted the following Form A reports to the EPA: DOCUMENT CONTROL NUMBER YEAR CHEMICAL NAME FORM TYPE DUE DATE POSTMARK DATE DAYS LATE 1399131108577 1999 ETHYLENE GLYCOL A 07/01/00 10/14/02 >1yr 1399131108589 1999 ZINC COMPOUNDS A 07/01/00 10/14/02 >1yr 1399131108603 1999 HYDROGEN FLUORIDE A 07/01/00 10/14/02 >1yr 1300141118087 2000 ETHYLENE GLYCOL A 07/01/01 10/14/02 >1yr 130014118099 2000 ZINC COMPOUNDS A 07/01/01 10/14/02 >1yr 1300141118113 2000 HYDROGEN FLUORIDE A 07/01/01 10/14/02 >1yr 1301151099850 2001 ETHYLENE GLYCOL A 07/01/02 10/14/02 104 1301151099862 2001 ZINC COMPOUNDS A 07/01/02 10/14/02 104 1301151099886 2001 HYDROGEN FLUORIDE A 07/01/02 10/14/02 104 On July 2, 2003, a letter addressing the above late reporting violations was sent to the company in an effort to gain more insight into the circumstances concerning the above violations. On July 21, 2003, The S.A. Day Mfg. Co., Inc. provided the requested information. Based on this information, it was determined that the company was required to submit the Form R or Form A reports for calendar years 1999, 2000, and 2001 to the Administrator of EPA and to the State of New York. The failure to submit the Form R or Form A reports, 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 313of EPCRA issued by the USEPA Office of Compliance Monitoring, Office of Pesticides and Toxic Substances, on August 10, 1992. The company was considered a small business under the ERP. The original proposed penalty was $40,062.

Defendants (1)

• S.A. Day Mfg. Co., Inc. (The)Named in complaintNamed in settlement

Facilities (1)

• S.A. DAY BUFFALO FLUX FACILITY JOHNSON MANUFACTURING CO

  1489 NIAGARA STREET, BUFFALO, NY, 14213-1196

  Registry ID: 110017770697

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• S.A. Day Mfg. Co., Inc. (The)entered 2004-01-26

  Primary law: EPCRA

  Federal penalty: $10,017

Timeline (4 milestones)

• 2004-01-26Enforcement Action Closed
• 2004-01-26Complaint Filed/Proposed Order
• 2004-01-26Final Order Issued
• 2004-02-04Enforcement Action Data Entered