EPA v. Unexcelled Castings Corporation

Case summary

COUNT 1 Failure to submit in a timely manner a Form R report for processing greater than 25,000 pounds of copper for calendar year 2003. EVIDENCE: Envirofacts data pull conducted January 12, 2006 and information for several phone conversations with the company. 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 R postmarked April 13, 2005. The Form R was 286 days late. (2) Extent Level C: Less than $10 million (~1.3 Million) in total corporate entity sales and less than 50 (~ 18) 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 + ((285)($6,448 - 1,300)) / 365 = $5,320 Proposed Penalty = $5,320 Final Mitigated Penalty = $5,320 COUNT 2 Failure to submit in a timely manner a Form R report for processing greater than 25,000 pounds of copper for calendar year 2004. EVIDENCE: Envirofacts data pull conducted January 12, 2006 and information for several phone conversations with the company. EXTENT LEVEL: (1) Category II: < Form R or Form A reports less than one year late. The due date for 2003 was July 1, 2005. The company filed a Form R postmarked October 12, 2005. The Form R was 103 days late. (2) Extent Level C: Less than $10 million (~1.3 Million) in total corporate entity sales and less than 50 (~ 18) 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 + ((102)($6,448 - 1,300)) / 365 = $2,739 Proposed Penalty = $2,739 Total Proposed Penalty = $8,059 Final Negotiated Mitigated Penalty = $2,015 Mitigated Penalty based on the following adjustment factors: 50% reduction for voluntary disclosure as allowed under the EPCRA ERP 25% reduction for litigation risk under the �other factors as justice may require� portion of the ERP

Defendants (1)

• Unexcelled Castings Corporation (SB)Named in complaintNamed in settlement

Facilities (1)

• UNEXCELLED CASTINGS CORP.

  663-671 OLD WILLETS PATH, HAUPPAUGE, NY, 11788-4117

  Registry ID: 110000492100

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Unexcelled Castings Corporationentered 2006-03-31

  Primary law: EPCRA

  Federal penalty: $2,015

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