FUJIFILM Manufacturing U.S.A., Inc. (Board decision, October 20, 2008)

Plain-English summary

EPA and FUJIFILM Manufacturing U.S.A., Inc. signed and consented to entry of a Final Order. The Environmental Appeals Board incorporated the Consent Agreement into the order and required FUJIFILM to comply with all its terms. The Board assessed a $26,230 civil penalty and required payment by certified or cashier's check or wire transfer under the agreement's payment provisions.

Decision snapshot

• Cited authorities: None stated in the release.
• Outcome: The Consent Agreement was incorporated into the Final Order, and FUJIFILM was ordered to comply and pay a $26,230 civil penalty.
• Key point: The EAB made the consent agreement binding through a Final Order and specified the penalty and payment requirement.

Full text (EPA EAB public release)

                     BEFORE THE ENVIRONMENTAL APPEALS BOARD
            UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                 WASHINGTON, D.C.

                                  OCT 20 2008
                     Clerk, Environmental Appeals Board
                     INITIALS [illegible]

                                  )

In the Matter of: )
)
FUJIFILM Manufacturing ) Docket Number TSCA-HQ-2008-5029 U.S.A., Inc. ) Greenwood, South Carolina )
)
Respondent
)

                              FINAL ORDER

  The United States Environmental Protection Agency as Complainant, and FUJIFILM

Manufacturing U.S.A., Inc., as Respondent, the Parties herein, having signed and consented to entry of the attached Consent Agreement incorporated by reference into this Final Order,

  NOW, THEREFORE, IT IS ORDERED THAT:

1. Respondent, FUJIFILM Manufacturing U.S.A., Inc. shall comply with all
   terms of the Consent Agreement;

2. Respondent is assessed a civil penalty of Twenty-Six Thousand Two
   Hundred and Thirty Dollars ($26,230); and

3. Respondent shall, in accordance with the payment provisions set forth in
   the Consent Agreement, make payment via a certified or cashier's check or through a wire transfer as described in the Consent Agreement.

   IT IS SO ORDERED.

                         Environmental Appeals Board
   
                         By: [signature]
                         Charles J. Sheehan
   
                         Dated: October 20, 2008
   
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                       CERTIFICATE OF SERVICE
   

I certify that the foregoing "Consent Agreement and Final Order," FUJIFILM Manufacturing U.S.A., Inc., Docket No. TSCA-HQ-2008-5029, was filed and copies of the same were mailed to the parties as indicated below:

(Interoffice) Dean B. Ziegel, Esq.
Waste and Chemical Enforcement Division
Office of Civil Enforcement
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW (Mail Code 2249A)
Washington, DC 20460
(202) 564-4038
Fax: (202) 564-0035

(U.S. Mail)

                          [signature]
                          Annette Duncan
                          Secretary
                          U.S. Environmental Protection Agency
                          1200 Pennsylvania Avenue, NW
                          Washington, DC 20460-0001

                          Dated: OCT 20 2008

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