EPA v. Tompkins Metal finishing, Inc.

Case summary

EPCRA �313 Subpart (a) requires Form R reports to be submitted annually on or before July 1 and to contain data estimating releases during the preceding calendar year. Facilities which submit Form R reports after the July 1 deadline have failed to comply with this annual reporting requirement and have defeated the purpose of EPCRA �313, which is to make this toxic release data available to states and the public annually and in a timely manner. COUNT 1 Failure to submit in a timely manner a Form R for otherwise using approximately 22,896 pounds of nitric acid for calendar year 2000. Proposed Penalty = $5,500 COUNT 2 Failure to submit in a timely manner a Form R for otherwise using approximately 14,840 pounds of nitric acid for calendar year 2001. Proposed Penalty = $5,500 COUNT 3 Failure to submit in a timely manner a Form R for processing approximately 16,960 pounds of nitric acid for calendar year 2002. Proposed Penalty = $3,029 COUNT 4 Failure to submit in a timely manner a Form R for otherwise using approximately 31,596 pounds of nitrate compounds for calendar year 2000. Proposed Penalty = $5,500 TOTAL PROPOSED PENALTY = $19,529

Defendants (1)

• Tompkins Metal Finishing, Inc. (SB)Named in complaintNamed in settlement

Facilities (1)

• TOMPKINS METAL FINISHING

  6 APOLLO DR, BATAVIA, NY, 140203342

  Registry ID: 110009469039

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Tompkins Metal finishing, Inc.entered 2005-03-31

  Primary law: EPCRA

  Federal penalty: $9,765

Timeline (4 milestones)

• 2004-12-22Complaint Filed/Proposed Order
• 2005-01-21Enforcement Action Data Entered
• 2005-03-31Enforcement Action Closed
• 2005-03-31Final Order Issued