EPA v. Galaxie Chemical Corporation

Case summary

PENALY CALCULATIONS Galaxie Chemical Corporation Docket Number EPCRA-02-2006-4103 BASIS: EPCRA SECTION 313 PENALTY POLICY (AUGUST 10, 1992) Prepared February 9, 2006 by M. Kowalski DOCKET NUMBER: EPCRA-02-2006-4103 COUNT 1 Failure to submit in a timely manner a Form R or Form A report for otherwise using approximately 13,746 pounds of aqueous ammonia for calendar year 2003. EVIDENCE: Letter from Galaxie Chemical Corporation dated January 12, 2006 and a Facility Data Profile dated April 8, 2005. The facility submitted a Form A report on April 1, 2005. The Form A was 274 days late. EXTENT LEVEL: (1) Category II: < Form R or Form A reports less than one year late. The due date for 2003 was July 1, 2004. The company filed a Form A postmarked April 1, 2005. The Form A was 274 days late. (2) Extent Level C: Less than $10 million (~3 Million) in total corporate entity sales and less than 50 (~ 14) employees. < Facility processes less than ten times the threshold of the ?313 chemical. (3) Circumstance Level 4 - Failure to file a timely Form R or Form A report. Per day formula applies. 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 $1,300 + ((273)($6,448 - 1,300)) / 365 = $5,150 Proposed Penalty = $5,150 COUNT 2 Failure to submit in a timely manner a Form R or Form A report for otherwise using approximately 15,800 pounds of aqueous ammonia for calendar year 2004. EVIDENCE: Letter from Galaxie Chemical Corporation dated January 12, 2006 and a Facility Data Profile dated April 8, 2005. The facility submitted a Form A report on January 20, 2006. The Form A was 203 days late. EXTENT LEVEL: (1) Category II: < Form R or Form A reports less than one year late. The due date for 2004 was July 1, 2005. The company filed a Form A postmarked January 20, 2006. The Form A was 203 days late. (2) Extent Level C: Less than $10 million (~3 Million) in total corporate entity sales and less than 50 (~ 14) employees. < Facility processes less than ten times the threshold of the ?313 chemical. (3) Circumstance Level 4 - Failure to file a timely Form R or Form A report. Per day formula applies. 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 $1,300 + ((203)($6,448 - 1,300)) / 365 = $4,149 Proposed Penalty = $4,149 COUNT 3 Failure to submit in a timely manner a Form R or Form A report for processing approximately 32,816 pounds of 3,3'-dichlorobenzidine dihydrochloride for calendar year 2003. EVIDENCE: Letter from Galaxie Chemical Corporation dated January 12, 2006 and a Facility Data Profile dated April 8, 2005. The facility submitted a Form A report on April 1, 2005. The Form A was 274 days late. EXTENT LEVEL: (1) Category II: < Form R or Form A reports less than one year late. The due date for 2003 was July 1, 2004. The company filed a Form A postmarked April 1, 2005. The Form A was 274 days late. (2) Extent Level C: Less than $10 million (~3 Million) in total corporate entity sales and less than 50 (~ 14) employees. < Facility processes less than ten times the threshold of the ?313 chemical. (3) Circumstance Level 4 - Failure to file a timely Form R or Form A report. Per day formula applies. 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 $1,300 + ((273)($6,448 - 1,300)) / 365 = $5,150 Proposed Penalty = $5,150 COUNT 4 Failure to submit in a ti

Defendants (1)

• Galaxie Chemical Corporation (SB)Named in complaintNamed in settlement

Facilities (1)

• GALAXIE CHEMICAL CORP

  26 PIERCY STREET, PATERSON, NJ, 07522-1726

  Registry ID: 110000320260

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Galaxie Chemical Corporationentered 2006-03-31

  Primary law: EPCRA

  Federal penalty: $9,099

Timeline (4 milestones)

• 2006-03-31Enforcement Action Closed
• 2006-03-31Complaint Filed/Proposed Order
• 2006-03-31Final Order Issued
• 2006-04-06Enforcement Action Data Entered