This is a consolidated action pursuant to our Consolidated Rules of Practice (40 C.F.R. �22.18(b)(2) and (3)), which provide that a proceeding may be simultaneously commenced and concluded by the issuance of a Consent Agreement and Final Order when the parties agree to settle one or more causes of action before the filing of an Administrative Complaint.
A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted the following Form R reports to the EPA:
CHEMICAL YEAR DUE DATE POSTMARK DATE DAYS LATE
NITRIC ACID 1999 07/01/00 01/09/03 >1yr
NITRIC ACID 2000 07/01/01 01/09/03 >1yr
NITRIC ACID 2001 07/01/02 01/09/03 191
NITRATE COMPOUNDS 1998 07/01/99 07/29/03 >1yr
NITRATE COMPOUNDS 1999 07/01/00 07/29/03 >1yr
NITRATE COMPOUNDS 2000 07/01/01 07/29/03 >1yr
NITRATE COMPOUNDS 2001 07/01/02 07/29/03 >1yr
On July 2, 2003, a letter addressing the above late reporting violations was sent to the company in an effort to gain more insight into the circumstances concerning the above violations. An informal settlement conference was held by phone between Mr. Richard DeFeo, Vice President, Steuben Foods and Ms. Mary A. Kowalski of the Pesticides and Toxic Substances Branch on August 15, 2003 followed by several additional phone conversations. On August 7, 2003, Steuben Foods provided by letter the requested information. It was determined that Steuben Foods Incorporated was required to submit the above Form