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 indicated that Respondent had voluntarily submitted a late Toxic Release Inventory Form R report for lead compounds to the EPA for the 2002 calendar year on October 16, 2003. The Form R report was 107 days late.
On July 26, 2005, a letter addressing the above late reporting violation was sent to the company in an effort to gain more insight into the circumstances concerning the above violation. By letter dated September 2, 2005, Mr. Brian Linkevich, Gerneral Manager, General VY-Coat, LLC. provided the requested information. The failure to submit the Form R report in a timely manner constitutes a violation of Section 313 of EPCRA, 42 U.S.C. �11023, and 40 C.F.R �372.30. The amount of the penalty was initially calculated using the Enforcement Response Policy (ERP) for Section 313 of EPCRA issued by the USEPA Office of Compliance Monitoring, Office of Pesticides and Toxic Substances, on August 10, 1992. The original proposed penalty would have been $2,378 if an Administrative Complaint had been issued.