On April 28, 2016, Region 1 filed a Settlement Agreement (Agreement) resolving EPCRA claims against PEZ Candy, Inc. (PEZ) for violations of Section 312 of EPCRA, 42 U.S.C. ? 11022. PEZ operates a facility in Orange, Connecticut (Facility), where it manufactures candy. An EPA inspection revealed that the Facility stored in batteries over 1,300 pounds of sulfuric acid, 3,390 pounds of electrolyte and 12,792 pounds of lead. The Tier II reporting threshold defined in the EPCRA 312 program for sulfuric acid, an extremely hazardous substance, is 500 pounds. A facility representative stated that its fleet has contained this quantity of hazardous substances since approximately 2005. PEZ had never submitted Tier II reports. Specifically, EPA alleges that PEZ violated EPCRA by failing to submit a completed emergency and hazardous chemical inventory forms (Tier II form), as required by Section 312 of EPCRA, 42 U.S.C. ? 11022 and the regulations set forth at 40 C.F.R. Part 370. Respondent was required to submit its Tier II form for each calendar year on or before March 1 of the subsequent year for sulfuric acid and lead.
This case was initiated as a pre-filing negotiation pursuant to the updated EPCRA Expedited Settlement Agreement policy. This Agreement, therefore, simultaneously initiates and resolves EPA?s claims that PEZ violated the above regulations. Pursuant to this settlement, PEZ will pay a penalty of $5,000.