EPA v. Henry & Henry d/b/a H.C. Brill Company, Inc.

Case summary

A review of the 2003 Toxic Release Inventory Public Data Release indicated that Henry & Henry, Inc. had filed Form R reports for2002, but not for 2003. The company was queried concerning this discrepency. It was learned that as of January 1, 2005, Henry & Henry, Inc. was purchased by H.C. Brill Company, Inc. and due to the transition paperwork was misplaced. The 2003 Form R report for benzo(g,h,i)pyrelene was filed in December, 2004 by H.C. Brill Company, Inc., but the Form R report for PACs was apparently misplaced. Consequently, after our inquiry, H.C. Brill Company, Inc. hired a consultant to bring the company into compliance. The company subsequently disclosed that Henry & Henry, Inc. had also failed to file Form R reports for benzo(g,h,i)pyrelene and PACs for 2000 and 2001. The following Form R reports have been submitted to the EPA: CHEMICAL YEAR DUE DATE POSTMARK DATE DAYS LATE PACs 2000 July 1, 2001 July 11, 2005 > 1 yr PACs 2001 July 1, 2002 July 11, 2005 > 1 yr PACs 2003 July 1, 2004 June 24, 2005 358 days benzo(g,h,i)pyrelene 2000 July 1, 2001 July 11, 2005 > 1 yr benzo(g,h,i)pyrelene 2001 July 1, 2002 July 11,2005 > 1 yr benzo(g,h,i)pyrelene 2003 July 1, 2004 December 28, 2004 180 days

Defendants (1)

• Henry & Henry d/b/a H.C. Brill Company, Inc.Named in complaintNamed in settlement

Facilities (1)

• H C BRILL (HENRY & HENRY)

  3765 WALDEN AVE, LANCASTER, NY, 14086

  Registry ID: 110038052237

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Henry & Henry d/b/a H.C. Brill Company, Inc.entered 2005-09-27

  Primary law: EPCRA

  Federal penalty: $30,284

Timeline (4 milestones)

• 2005-09-27Enforcement Action Closed
• 2005-09-27Complaint Filed/Proposed Order
• 2005-09-27Final Order Issued
• 2005-09-30Enforcement Action Data Entered