EPA v. Lawrence Ripak Co., Inc.

Case summary

Failure to submit in a timely manner a Form R report for processing than 25,000 pounds of tetrachloroethylene during calendar year 2003. EXTENT LEVEL: (1) Category II: < Form R reports less than one year late. The due date for 2003 was July 1, 2004. The Form R postmark date was December 23, 2004. The Form R was 175 days late. (2) Extent Level C: Less than $10 million in total corporate entity sales and greater than 50 employees. < Facility processes less than ten times the 25,000 pound threshold of the ?313 chemical. (3) Circumstance Level 4 - Failure to file a timely Form R. PER DAY FORMULA FOR FAILURE TO REPORT IN A TIMELY MANNER: Level 4 Penalty + (# of days late - 1) X (Level 1 - Level 4 Penalty))/365 = $1,100 + ((174)($5,500 - $1,100))/ 365 = $3,198 Original Proposed Penalty = $3,198

Defendants (1)

• Lawrence Ripak Co., Inc. (SB)Named in complaintNamed in settlement

Facilities (1)

• MAGELLAN AEROSPACE PROCESSING NEW YORK

  165 FIELD STREET, WEST BABYLON, NY, 11704-1210

  Registry ID: 110000884570

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Lawrence Ripak Co., Inc.entered 2005-06-06

  Primary law: EPCRA

  Federal penalty: $1,279

Timeline (4 milestones)

• 2005-06-06Enforcement Action Closed
• 2005-06-06Complaint Filed/Proposed Order
• 2005-06-06Final Order Issued
• 2005-06-16Enforcement Action Data Entered