# ELF ATOCHEM NORTH AMERICA, INC.
> **Administrative - Formal** · FY1995 · — · Final Order With Penalty
## Case
- **Activity ID:** `21208`
- **Case Number:** 04-1995-0095
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $96K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- ELF ATOCHEM NORTH AMERICA, INC. (complaint) (settlement)
## Summary

ELF ATOCHEM VIOLATED 40 CFR 264.101 BY FAILING TO RESPOND TO ITS RFI WORKPLAN REVISIONS WITHIN TIME ALLOWED BY ITS HSWA   PERMIT.                                                      FACTS OF CASE:                                               1. ELF FAILED TO COMPLY WITH A CONDITION (APPROVAL OF THE    RFI PHASE WORKPLAN) OF ITS RCRA (HSWA PORTION) PERMIT, I.E., SUBMITTING RESPONSE TO WORKPLAN REVISIONS 36 DAYS LATE.  HTE PROGRAM HAS CALCULATED A CIVIL PENALTY OF $24,000.  I HAVE   REVIEWED THE CIVIL PENALTY AND AM CONCERNED THAT ALL         RELEVANT FACTORS WERE NOT CONSIDERED.                        2. ON MARCH 9, 1995, EPA HAD CONDITIONALLY APPROVED THE RFI  WORKPLAN.  EPA'S LETTER CONDITIONALLY APPROVING THE RFI      CONTAINED THREE (3) MINOR REVISIONS (THE LETTER WAS NOT A    NOTICE OF TECHNICAL INADEQUACY).  ELF REPORTED VERBALLY TO   EPA THAT THE LETTER HAD NOT BEEN INADVERTENTLY ROUTED TO THE WRONG PERSON.  ELF WAS TO SUBMIT RESPONSE TO THE REVISIONS   ON APRIL 12, 1995.  ELF SUBMITTED TO RESPONSE ON JUNE 16     1995.                                                        3. EPA SENT ELF A NOTICE OF VIOLATION AND WAS RECEIVED BY    ELF ON AUGUST 7, 1995.  ELF REQUESTED A SHOW CAUSE MEETING   AND A MEETING HAS BEEN SCHEDULED FOR OCTOBER 16, 1995 AT     REGION 4 OFFICES.

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