EPA v. GILBERTON POWER COMPANY

Case summary

[EPCRA-03-2015-6001] On July 9, 2015, EPA issued a Notice of Determination (NOD) pursuant to the Small Business Compliance Policy, to Gilberton Power Company ( Gilberton Power ) for violations of Section 313 of EPCRA. The Gilberton Power Facility is located at 81 Eleanor Avenue, Frackville, Pennsylvania 17931. In a letter to EPA dated August 27, 2014, Gilberton Power disclosed that the Facility had failed to submit TRI Form R for arsenic, copper, selenium, vanadium and zinc manufactured for the 2011-2013 calendar years, as required by Section 313 of EPCRA. The total gravity-based civil penalty for the violation, calculated in accordance with relevant EPA penalty policies, would be $46,910.00. However, because Gilberton Power satisfied all of the conditions of EPA's Small Business Compliance Policy and the amount of economic benefit gained by the company as a result of the violations was insignificant, EPA has waived the gravity-based civil penalty for the disclosed violations.

Defendants (1)

• GILBERTON POWER COMPANYNamed in complaintNamed in settlement

Facilities (1)

• GILBERTON POWER CO

  81 ELEANOR AVENUE, FRACKVILLE, PA, 17931

  Registry ID: 110020578891

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• GILBERTON POWER COMPANYentered 2015-07-09

  Primary law: EPCRA

Timeline (3 milestones)

• 2015-07-09Enforcement Action Closed
• 2015-07-09Final Order Issued
• 2015-07-22Enforcement Action Data Entered