EPA v. BERNSTEN BRASS AND ALUMINUM FOUNDRY, INC.

Case summary

RESPONDENT FAILED TO SUBMIT TIMELY TO THE ADMINISTRATOR OF THE U.S. EPA AND THE STATE OF WISCONSIN A FORM R FOR ITS USE OF LEAD IN 1991, ITS USE OF COPPER IN 1991, ITS USE OF LEAD IN 1992, AND ITS USE OF COPPER IN 1992, IN VIOLATION OF SECTION 313 OF EPCRA, 42 U.S.C.  11023. (COUNTS I-IV). COMPLAINT ALLEGED FAILURE TO FILE FORM RS AS REQUIRED BY SECTION 313 OF EPCRA FOR BOTH COPPER AND LEAD FOR THE CALENDAR YEARS OF 1991 AND 1992, FOR A TOTAL OF FOUR VIOLATIONS. THE RESPONDENT ADMITTED ALL ELEMENTS OF LIABILITY WHICH ALLOWED EPA TO PREVAIL UPON A MOTION FOR ACCELERATED DECISION ON LIABILITY. WHILE EPA'S MOTION FOR ACCELERATED DECISION FOR PENALTY WAS ULTIMATELY DENIED, THE ALJ FOUND THAT THE $44,000 PROPOSED PENALTY WAS APPROPRIATE AND THE ONLY ISSUE LEFT FOR HEARING WAS WHAT DOWNWARD ADJUST MENTS, IF ANY, WERE APPROPRIATE IN THIS CASE. HEARING WAS SCHEDULED FOR MAY 6, 1998. SETTLEMENT IN PRINCIPLE WAS REACHED ON APRIL 30, 1998.

Defendants (1)

• BERNTSEN BRASS & ALUMINUM FOUNDRYNamed in complaintNamed in settlement

Facilities (1)

• BERNTSEN BRASS & ALUMINUM FOUNDRY INCORPORATED

  2334 PENNSYLVANIA AVE., MADISON, WI, 53704

  Registry ID: 110000420170

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• BERNSTEN BRASS & ALUMINUM FOUNDRYentered 1998-05-15

  Primary law: EPCRA

  Federal penalty: $30,800

Timeline (4 milestones)

• 1997-06-05Complaint Filed/Proposed Order
• 1997-08-29Enforcement Action Data Entered
• 1998-05-15Final Order Issued
• 1998-06-17Enforcement Action Closed