EPA v. RITCHEY METALS COMPANY

Case summary

ON MARCH 31, 2005, EPA ISSUED A NOTICE OF DETERMINATION ( NOD ) BASED ON A SELF-DISCLOSURE BY RITCHEY METALS COMPANY, INC. ( RITCHEY METALS ) FOR VIOLATIONS OF SECTION 313 OF ECRA AT ITS FACILITY LOCATED IN HENDERSONVILLE, PENNSYLVANIA. RITCHEY METALS DISCLOSED THAT IT HAD FAILED TO TIMELY SUBMIT TO EPA AND THE COMMONWEALTHH OF PENNSYLVANIA A TOXIC CHEMICAL RELEASE INVENTORY REPORT (FORM R) FOR ALUMINUM, COPPER, LEAD, AND ZINC FOR REPORTING YEARS 2001-2002. THE TOTAL GRAVITY-BASED CIVIL PENALTY FOR THESE VIOLATIONS WOULD BE $78,100. HOWEVER, RITCHEY METALS SATISFIED ALL THE CONDITIONS OF EPA'S SMALL BUSINESS POLICY AND THEREFORE EPA WAIVED THE GRAVITY-BASED CIVIL PENALTY FOR THE DISCLOSED VIOLATIONS. IN ADDITION, GIVEN THAT NO SIGNIFICANT ECONOMIC BENEFIT HAS ACCRUED TO RITCHEY METALS CONCERNING ITS VIOLATIONS, EPA HAS WAIVED THE ECONOMIC BENEFIT PENALTY FOR THE DISCLOSED VIOLATIONS.

Defendants (1)

• RITCHEY METALS COMPANY (SB)Named in complaintNamed in settlement

Facilities (1)

• RITCHEY METALS HENDERSONVILLE PLANT

  30 GEORGETOWN RD, HENDERSONVILLE, PA, 15339

  Registry ID: 110001068665

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• RITCHEY METALS COMPANYentered 2005-03-30

  Primary law: EPCRA

Timeline (3 milestones)

• 2004-07-21Enforcement Action Data Entered
• 2005-03-30Enforcement Action Closed
• 2005-03-30Final Order Issued