EPA v. VD Kelly Moore Paint Co.

Case summary

This is an Administrative Penalty action pursuant to EPCRA 313 issued to Kelly-Moore Paint Company, Inc. The violation involves failure to file timely Toxic Chemical Release Inventory Forms required under Section 313 for zinc compounds and certain glycol ethers in 2004 and 2005. The Respondent self-disclosed this omission on 7/15/2008. Pursuant to the EPA Audit Policy the Respondent did not meet the criteria for 100% mitigation of the penalty (calculated at 108,800). Accordingly, the CAFO establishes a penalty of $17,136 and a SEP in the amount of $68,544.

Defendants (1)

• Kelly More Paint Co.Named in complaintNamed in settlement

Facilities (1)

• KELLY MOORE PAINT COMPANY INCORPORATED

  1015 COMMERCIAL ST., SAN CARLOS, CA, 94070

  Registry ID: 110000495768

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Kelly Moore Paint Co.entered 2010-03-04

  Primary law: EPCRA

  Federal penalty: $17,136 · SEP: $68,544

Timeline (4 milestones)

• 2010-03-04Final Order Issued
• 2010-03-04Complaint Filed/Proposed Order
• 2010-03-10Enforcement Action Data Entered
• 2010-06-21Enforcement Action Closed