EPA v. E-TEK DYNAMICS

Case summary

THIS IS AN APO PURSUANT TO TSCA ISSUED TO E-TEK DYNAMICS, IN C. THE VIOLATION INVOLVES THE COMPANY'S FAILURE TO SUBMIT A PRE-MANUFACTURING NOTICE (PMN). E-TEK IMPORTED 3 CHEMICAL PRODUCTS FROM JAPAN UNDER AN LVE. E-TEK CLAIMS CBI PROTECTIO N FOR THE NAMES AND FORMULAS OF THE CHEMICALS THEMSELVES. MO RE THAN 1,000 KILOGRAMS WERE IMPORTED. E-TEK SHOULD HAVE SUB MITTED THEIR PMN AS REQUIRED, BUT DID NOT. E-TEK CERTIFIED TO CUSTOMS THAT THE IMPORTED PRODUCTS WERE IN COMPLIANCE WIT H TSCA WHEN THIS WAS NOT THE CASE. THE COMPLAINT SEEKS A PEN ALTY OF $45,000. HOWEVER, BECAUSE E-TEK REPORTED UNDER THE S ELF AUDIT POLICY, THEY WERE ALLOWED A 75% REDUCTION OF PENAL TY. THUS THE AMOUNT COLLECTED WAS $9,562.50. E-TEK HAS PAID IN FULL.

Defendants (1)

• E-TEK DYNAMICS, INC.Named in complaintNamed in settlement

Facilities (1)

• E-TEK DYNAMICS

  1885 LUNDY AVENUE, STE 103, SAN JOSE, CA, 951311835

  Registry ID: 110010627394

Statutes cited

• TSCA 5A/5B — Failure To Comply With Significant New Use Rules and Pre-manufacture Notice

Enforcement conclusions (1)

• E-TEK DYNAMICSentered 2000-08-31

  Primary law: TSCA

  Federal penalty: $9,562

Timeline (4 milestones)

• 2000-08-31Complaint Filed/Proposed Order
• 2000-08-31Final Order Issued
• 2000-10-24Enforcement Action Data Entered
• 2000-10-24Enforcement Action Closed