EPA v. Stature Electric, Inc.

Case summary

Stature Electric disclosed to EPA on January 20, 2007 under EPAs Audit Policy its failure to file Form R reports for lead for each of calendar years 2002, 2003, 2004 and 2005 and for copper for each of calendar years 2004 and 2005. The disclosure followed an electronic mail inquiry in October 2006 regarding Stature Electric’s apparent lack of filing for copper for calendar 2004 following having reported for copper in calendar years 2001, 2002 and 2003. This inquiry was part of our yearly data quality calls. The failure to submit a Form R or Form A report in a timely manner constitutes a violation of Section 313 of EPCRA, 42 U.S.C. 11023, and 40 C.F.R 372.30. EPA has determined that Stature Electric’s request for 100% mitigation under the Audit Policy cannot be granted because the disclosure postdated EPA’s inquiry and the company fails to meet the No Repeat Violations criterion described at condition D.7 of the Audit Policy.

Defendants (1)

• Stature Electric, Inc.Named in complaintNamed in settlement

Facilities (1)

• STATURE ELECTRIC

  22543 FISHER ROAD, WATERTOWN, NY, 13601-1083

  Registry ID: 110000326004

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Stature Electric, Inc.entered 2008-07-25

  Primary law: EPCRA

  Federal penalty: $39,034

Timeline (4 milestones)

• 2008-03-28Complaint Filed/Proposed Order
• 2008-04-01Enforcement Action Data Entered
• 2008-07-25Enforcement Action Closed
• 2008-07-25Final Order Issued