EPA v. DEXTER CORPORATION

Case summary

BACKGROUND: U.S. EPA HEADQUARTERS FILED AN ADMINISTRATIVE COMPLAINT AGAINST DEXTER ON DECEMBER 16, 1992, PROPOSING A $226,875 CIVIL PENALTY ( HEADQUARTERS COMPLAINT ) AND A REGION 5 FILED AND ADMINISTRATIVE COMPLAINT ON OCTOBER 7, 1993, PROPOSING A $76,300 CIVIL PENALTY ( REGION 5 COMPLAINT ). THE COMPLAINTS INVOLVE CHEMICAL SUBSTANCES OVER WHICH WHOSE IDENTITIES RESPONDENT PLACED CLAIMS OF TSCA CONFIDENTIAL BUSINESS INFORMATION. THE HEADQUARTERS COMPLAINT ALLEGED THAT DEXTER VIOLATED SECTION 5 OF TSCA BY MANUFACTURING CERTAIN CHEMICALS FOR NON-EXEMPT COMMERCIAL PURPOSES WITHOUT HAVING SUBMITTED THE REQUIRED PREMANUFACTURE NOTIFICATIONS ( PMNS ) IN A TIMELY FASHION. THE REGION 5 COMPLAINT ALLEGED THAT DEXTER VIOLATED SECTION 5 OF TSCA BY FILING FALSE OR UNTIMELY NOTICES OF COMMENCEMENT OF MANUFACTURE FOR CERTAIN CHEMICALS, AND VIOLATED SECTION 12(B) OF TSCA BY FAILING TO TIMELY FILE NOTIFICATIONS OF EXPORT OF CERTAIN CHEMICALS. REGION 5 AND HEADQUARTERS COSOLIDATED THE COMPLAINTS, AND SETTLED THE CASES WITH A SINGLE CACO, FOR PURPOSES OF SUPPORTING LARGER-SCALE TSCA COMPLIANCE AUDIT AND SEPS THAN WOULD HAVE BEEN POSSIBLE UNDER THE INDIVIDUAL COMPLAINTS.

Defendants (1)

• DEXTERNamed in complaintNamed in settlement

Facilities (1)

• AKZO NOBEL AEROSPACE COATINGS INCORPORATED

  1 EAST WATER STREET, WAUKEGAN, IL, 60085

  Registry ID: 110000430141

Statutes cited

• TSCA 5 — Manufacturing and Processing Notices

Enforcement conclusions (1)

• DEXTER CORPORATIONentered 1994-10-11

  Primary law: TSCA

  Federal penalty: $51,105

Timeline (4 milestones)

• 1992-12-16Complaint Filed/Proposed Order
• 1993-04-07Enforcement Action Data Entered
• 1994-10-11Final Order Issued
• 1995-08-21Enforcement Action Closed