EPA v. Upstate Niagara Cooperative, Inc.

Case summary

An E-disclosure under the Audit Policy was submitted to the EPA on September 1, 2011. Hazard Evaluations, Inc. completed an audit of the facility to determine compliance with EPCRA on August 22, 2011. The consulting firm determined that the facility had failed to file TRI Form R reports for nitric acid for calendar years 2005, 2006, 2007, 2008, 2009 and 2010. The facility did not exceed the 25,000 pound threshold for manufacturing nitrate compounds and, therefore, was not required to file Form R reports for nitrate compounds. The required Form R reports were filed on August 31, 2011.

Defendants (1)

• Upstate Niagara Cooperative, Inc.Named in settlement

Facilities (1)

• UPSTATE NIAGARA COOPERATIVE INC

  45 FULTON AVE., ROCHESTER, NY, 14608

  Registry ID: 110002094938

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Upstate Niagara Cooperative, Inc.entered 2012-05-15

  Primary law: EPCRA

Timeline (3 milestones)

• 2012-05-15Final Order Issued
• 2012-05-15Enforcement Action Closed
• 2012-05-17Enforcement Action Data Entered