AN INSPECTION OF REXNARD'S FACILITY ON DEC. 19, 1989 RE- VEALED THAT RESPONDENT HAS OTHERWISE USED I,I,I,TCE IN QUAN- TITIES EXCEEDING THE THRESHOLD FOR REPORTING AND HAD NOT RE- PORTED. RESPONDENT SUBMITTED THE FORM MARCH 6, 1990. THIS LEADS TO A PROPOSED PENALTY OF $17,000. DUE TO 3 RECENT ALJ DECISIONS THAT INCREASING THE PENALTY BECAUSE THE FORM WAS- N'T SUBMITTED PRIOR TO AN EPA INSPECTION WAS UNFAIR, RESPON0 DENT WAS ALSO SENT A CACO FOR $13,000.