EPA v. Givaudan Flavors Corporation

Case summary

A self-disclosure regarding violations at the Respondent's plant located in East Hanover, New Jersey was submitted to the U.S. Environmental Protection Agency (EPA) on July 21, 2015 pursuant to EPA's Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations, 65 FR 19618, April 11, 2000, effective May 11, 2000 (Audit Policy). The disclosure indicated that the company had failed to file timely TRI Form R reports for ammonia for calendar years 2011, 2012 and 2013 as required by Section 313 of the Emergency Planning and Community Right-to-Know Act. The required Form R reports were submitted to the EPA on September 18, 2015. These violations are not eligible for penalty mitigation under EPA's Audit Policy because an enforcement action, specifically a Notice of Determination, was issued to this facility on August 16, 2013 for violations disclosed under the Audit Policy on June 28, 2013. The 2013 Notice of Determination constitutes a history of violation within three years of the voluntary disclosure dated July 21, 2015.

Defendants (1)

• Givaudan Flavors CorporationNamed in complaintNamed in settlement

Facilities (1)

• GIVAUDAN FLAVORS CORP

  245 MERRY LN, EAST HANOVER TWP, NJ, 07936

  Registry ID: 110064435017

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Givaudan Flavors Corporationentered 2016-05-31

  Primary law: EPCRA

  Federal penalty: $14,000 · SEP: $80,500

Timeline (4 milestones)

• 2016-05-31Enforcement Action Closed
• 2016-05-31Complaint Filed/Proposed Order
• 2016-05-31Final Order Issued
• 2016-06-06Enforcement Action Data Entered