EPA v. ZSCHIMMER & SCHWARZ, INC.

Case summary

10/28/09 - NOTICE OF DETERMINATION ISSUED. IN A LETTER DATED NOV 12, 2008, ZSCHIMMER & SCHWARZ, INC., ADMITTING THE FOLLOWING VIOLATIONS OF EPCRA: ZSCHIMMER & SCHWARZ FAILED TO TIMELY SUBMIT TIER II REPORTS FOR ITS FACILITY IN MILLEDGEVILLE, GA, FOR SODIUM HYDROXIDE SOLUTION 50%, FOR REPORTING YEAR 1007, TO THE STATE EMERGENCY RESPONSE COMMISSION, THE LOCAL EMERGENCY PLANNING COMMITTEE, AND THE LOCAL FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SEC 312. ZSCHIMMER & SCHWARZ, INC., FAILING TO TIMELY SUBMIT TRI FORMS FOR ACETOPHENONE FOR REPORTING YEAR 2005 FOR ETHYLENE GLYCOL FOR REPORTING YEARS 2006 AND 2007, AND FOR FORMIC ACID FOR REPORTING YEAR 2007, TO EOPA AND THE STATE AS REQUIRED BY EPCRA SEC 313. ZSCHIMMER & SCHWARZ, INC., DISCOVER THE VIOLATIONS ON NOV 4, 2008, FOLLOWING A COMPLIANCE ENVIRONMENTAL AUDIT. ZSCHIMMER & SCHWARZ, INC., SUBMITTED THE REPORTS TO THE APPROPRIATE AGENCIES ON NOV 12, 2008. UNDER EPA'S ENFORCEMENT POLICY FOR EPCRA VIOLATIONS, A GRAVITY-BASED PENALTY OF $123,904 COULD HAVE BEEN ASSESSED FOR THESE NON-REPORTING VIOLATIONS.

Defendants (1)

• ZSCHIMMER & SCHWARZ, INC. (SB)Named in settlement

Facilities (2)

• ZSCHIMMER & SCHWARZ INC

  70 GA HWY 22 W, MILLEDGEVILLE, GA, 31061-

  Registry ID: 110020509412

• ZSCHIMMER & SCHWARZ INC

  70 GA HWY 22 W, MILLEDGEVILLE, GA, 31061-

  Registry ID: 110020509412

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• ZSCHIMMER & SCHWARZ, INC.entered 2009-10-28

  Primary law: EPCRA

Timeline (3 milestones)

• 2009-10-28Final Order Issued
• 2009-10-28Enforcement Action Closed
• 2009-11-02Enforcement Action Data Entered