'Ditmas Oil Associates Inc. failed to file Form R reports for the calendar year 1998 and 1999 for benzene, ethylbenzene, MTBE, hexane, toluene, 1,2,4 trimethylbenzene, xylene, cumene and t-butyl alcohol in a timely manner. The case was issued by ORC.'
CCDS - Ditmas Oil Associates, Inc. ( Ditmas ), is the owner and operator of a facility in Brooklyn, New York. Respondent's facility processed toxic cheicals in sufficient amount to subject it to the reporting requirements of EPCRA Section 313. On the basis of EPA's July 20, 2000 inspection, and follow-up inquiries, Complainant determined that Respondent violated EPCRA and the regulations promulgated thereunder. Respondent's violations concerned failures to submit Forms R in a timely manner for the reporting years 1998 and 1999. On September 6, 2002, Respondent was charged with eighteen (18) reporting failures and EPA proposed a penalty of $444,157.
An informal settlement conference was held on January 21, 2003. Based on discussions at that meeting, and numerous subsequent discussions and correspondence, the parties agreed to settle this matter and EPA recalculated its proposed penalty. The recalculated proposed penalty was $297,848 and it was based on the fact that Respondent employed fewer than 50 people. Originally, based on a review of available Dun & Bradstreet Reports, EPA had reason to believe that Respondent, including its parent, employed in excess of 450 people. After meeting with Respondent and after EPA