2/2/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $70,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
ON SEPTEMBER 19, 2008, RESPONDENT SUBMITTED AN INVENTORY UPDATE REPORT TO THE EPA HEADQUARTERS THAT ADDRESSSED COPPER SULFATE ( CHEMICAL A ) AND ELEVEN ADDITIONAL CHEMICAL SUBSTANCES.
RESPONDENT DID NOT DISCLOSE TO COMPLAINANT THAT A 2006 IUR REFERENCING ELEVEN ADDITIONAL CHEMICAL SUBSTANCES WAS SUBMITTED TO THE EPA HEADQUARTERS.
ON SEPTEMBER 26, 2008, COMPLAINANT MAILED A SHOW CAUSE LETTER TO RESPONDENT FOR FAILING TO SUBMIT A 2006 IUR FOR CHEMICAL A.
COMPLAINANT FILED A CAFO DOCKET NO. TSCA-04-2009-2609(b) WIHICH RESULTED IN THE SETTLEMENT OF THE CASE REGARDING CHEMICAL A.
ON JULY 22, 2009, THE EPA HEADQUARTERS INFORMED COMPLAINANT THAT RESPONDENT SUBMITTED A 2006 IUR ADDRESSING ELEVEN ADDITIONAL CHEMICAL SUBSTANCES.
ON DECEMBER 11, 2009, COMPLAINANT MAILED A SECOND SHOW CAUSE LETTER TO RESPONDENT FOR FAILING TO DISLOSE TO COMPLAINANT THAT THEY FAILED TO SUBMIT A TIMELY 2006 IUR FOR ELEVEN ADDITIONAL CHEMICAL SUBSTANCES.
PURSUANT TO 40 CFR SECTION 710.48, RESPONDENT IS A MANUFACTURER/IMPORTER THAT WAS SUBJECT TO THE 2006 IUR.
AS REFERENCED IN 40 CFR SECTION 710.53, THE 2006 IUR SUBMISSION PERIOD WAS AUGUST 25, 2006 THROUGH MARCH 23, 2007.
RESPONDENT FAILED TO SUBMIT THE 2006 IUR TO EPA DURING THE SUBMISSION PERIOD DESCRIBED IN 40 CFR SECTION 710.53.
PURSUANT T0 40 CFR SECTION 710.1(c), IT IS UNLA