EPA v. VIAWEST, INC (INETU, INC)

Case summary

ON JUNE 6, 2016, EPA ISSUED A NOD PURSUANT TO THE SELF DISCLOSURE POLICY AS SUPPLEMENTED BY THE NEW OWNER POLICY ( NEW OWNER POLICY ). THE NOD IS BASED ON A SELF-DISCLOSURE PROVIDED BY VIAWEST, INC. ( VIAWEST ) FOR VIOLATIONS OF EPCRA SECTIONS 311 AND 312, 42 U.S.C. SECTION 11021, 11022: THE SPILL PREVENTION CONTROL AND COUNTERMEASURES REGULATIONS, SPECIFICALLY 40 C.F.R. SECTION 112.3, PROMULGATED PURSUANT TO SECTION 311(J) OF THE CLEAN WATER ACT, 33 U.S.C. SECTION 132(J); THE NEW SOURCE PERFORMANCE STANDARDS, SPECIFICALLY 40 C.F.R. SECTION 60.4214, WHICH WERE PROMULGATED PURSUANT TO SECTION 111 OF THE CLEAN AIR ACT; AND THE FEDERALLY AUTHORIZED PENNSYLVANIA HAZARDOUS WASTE MANAGEMENT REGULATIONS, SPECIFICALLY 25 PA. CODE SECTION 266B.1, AS THEY APPLY TO THE MANAGEMENT OF UNIVERSAL WASTE. VIAWEST'S NEWLY ACQUIRED INETU, INC. FACILITY IS LOCATED AT 744 ROBLE ROAD IN ALLENTOWN, PENNSYLVANIA 18109 ( FACILITY ). THE VIOLATIONS THAT ARE THE SUBJECT OF THIS NOD WERE VOLUNTARILY DISCLOSED TO EPA BY LETTER DATED JANUARY 12, 2016. THE TOTAL GRAVITY-BASED CIVIL PENALTY FOR THESE VIOLATIONS, CALCULATED IN ACCORDANCE WITH EPA PENALTY POLICIES, WOULD BE $103,315. HOWEVER, VIAWEST SATISFIED ALL OF THE CONDITIONS OF EPA'S PENALTY POLICY; THEREFORE, EPA HAS WAIVED THE GRAVITY-BASED CIVIL PENALTY FOR THE DISCLOSED VIOLATION. SINCE VIAWEST MET ALL THE CRITERIA OF THE SELF DISCLOSURE POLICY AND NEW OWNER POLICY, EPA WAIVED THE GRAVITY-BASED CIVIL PENALTY FOR THE DISCLOSED VIOLATIONS.

Defendants (1)

• VIA WEST, INC.Named in settlement

Facilities (1)

• INETU, INC

  744 ROBLE ROAD, ALLENTOWN, PA, 18109

  Registry ID: 110069325091

Statutes cited

• CAA 111 — New Source Performance Standards
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CWA 311J — SPCC and/or Federal Response Plan Violations
• EPCRA 311 — Material Safety Data Sheets (MSDS)

Enforcement conclusions (1)

• VIAWEST, INC (INETU, INC)entered 2016-06-06

  Primary law: EPCRA

Timeline (3 milestones)

• 2016-06-06Enforcement Action Closed
• 2016-06-06Final Order Issued
• 2016-06-29Enforcement Action Data Entered