# BERNSTEN BRASS AND ALUMINUM FOUNDRY, INC.
> **Administrative - Formal** · FY1996 · — · Final Order With Penalty
## Case
- **Activity ID:** `29823`
- **Case Number:** 05-1996-0398
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $31K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- BERNTSEN BRASS & ALUMINUM FOUNDRY (complaint) (settlement)
## Summary

RESPONDENT FAILED TO SUBMIT TIMELY TO THE ADMINISTRATOR OF   THE U.S. EPA AND THE STATE OF WISCONSIN A FORM R FOR ITS USE OF LEAD IN 1991, ITS USE OF COPPER IN 1991, ITS USE OF LEAD  IN 1992, AND ITS USE OF COPPER IN 1992, IN VIOLATION OF      SECTION 313 OF EPCRA, 42 U.S.C.  11023. (COUNTS I-IV).      COMPLAINT ALLEGED FAILURE TO FILE FORM RS AS REQUIRED BY     SECTION 313 OF EPCRA FOR BOTH COPPER AND LEAD FOR THE        CALENDAR YEARS OF 1991 AND 1992, FOR A TOTAL OF FOUR         VIOLATIONS.  THE RESPONDENT ADMITTED ALL ELEMENTS OF         LIABILITY WHICH ALLOWED EPA TO PREVAIL UPON A MOTION FOR     ACCELERATED DECISION ON LIABILITY.  WHILE EPA'S MOTION FOR   ACCELERATED DECISION FOR PENALTY WAS ULTIMATELY DENIED, THE  ALJ FOUND THAT THE $44,000 PROPOSED PENALTY WAS APPROPRIATE  AND THE ONLY ISSUE LEFT FOR HEARING WAS WHAT DOWNWARD ADJUST MENTS, IF ANY, WERE APPROPRIATE IN THIS CASE.  HEARING WAS   SCHEDULED FOR MAY 6, 1998.  SETTLEMENT IN PRINCIPLE WAS      REACHED ON APRIL 30, 1998.

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