The Administrative Complaint and Consent Agreement & Final Order were issued simultaneously in the same document. A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted the following late Forms R to the EPA:
Chromium Compounds 1999 -due 7/1/2000 - postmark date 08/21/00 - 51 days late. Maganese Compounds 1999 -due 7/1/2000 - postmark date 12/06/00 - 91 days late. On May 17, 2002, a letter addressing the above late reporting violations was sent to the Company in an effort to gain more insight into the circumstances concerning the above violation. On June 28, 2002, F.W. Winter Inc. & Co. provided the requested information. Based on this information, it was determined that F.W. Winter Inc. & Co. had processed (as defined in 40 CFR Sect. 372.3) approximately 10,000,000 pounds of chromium compounds and 180,000 pounds of maganese compouds during 1999. The Respondent was required to submit the Forms R by July 1, 1999 for calendar year 1999 to the Administrator of EPA and the State of New Jersey. This failure to submit the Forms R, in a timely manner, constituts violation of Section 313 of EPCRA, 42 USC Section 11023, and 40 CFR Section 372.20. The amount of the penalty was initially calculated using the Enforcement Response Policy (ERP) for Section 313 of EPCRA issued by the USEPA Office of Compliance Monitoring, Office of Pesticides and Toxic Substances, on August 10, 1992. The original proposed pen