COUNT 1
Failure to submit in a timely manner a Form R report for processing greater than 25,000 pounds of copper for calendar year 2003.
EVIDENCE: Envirofacts data pull conducted January 12, 2006 and information for several phone conversations with the company.
EXTENT LEVEL:
(1) Category II:
< Form R or Form A reports less than one year late. The due date for 2003 was July 1, 2004. The company filed a Form R postmarked April 13, 2005. The Form R was 286 days late.
(2) Extent Level C:
Less than $10 million (~1.3 Million) in total corporate entity sales and less than 50 (~ 18) employees.
< Facility processes less than ten times the threshold of the �313 chemical.
(3) Circumstance Level 4 - Failure to file a timely Form R or Form A report. Per day formula applies.
PER DAY FORMULA FOR FAILURE TO REPORT IN A TIMELY MANNER:
Level 4 Penalty +
(# of days late - 1) X (Level 1 - Level 4 Penalty) =
365
$1,300 + ((285)($6,448 - 1,300)) / 365 = $5,320
Proposed Penalty = $5,320
Final Mitigated Penalty = $5,320
COUNT 2
Failure to submit in a timely manner a Form R report for processing greater than 25,000 pounds of copper for calendar year 2004.
EVIDENCE: Envirofacts data pull conducted January 12, 2006 and information for several phone conversations with the company.
EXTENT LEVEL:
(1) Category II:
< Form R or Form A reports less than one year late. The due date for 2003 was July 1, 2005. The company filed a For