Chemson Inc. (Board decision, March 4, 2011)

Plain-English summary

The EPA alleged that Chemson Inc. violated section 8(a) of the Toxic Substances Control Act. EPA proposed a civil penalty of $260,872. Chemson paid the full proposed penalty, which provided a quick resolution under the Consolidated Rules of Practice. The Environmental Appeals Board issued a Final Order resolving the case civilly for the violations and facts alleged in the complaint.

Decision snapshot

• Cited authorities: 15 U.S.C. § 2607(a), 40 C.F.R. §§ 22.18(a)(1) and 22.18(a)(3)
• Outcome: Chemson paid the full $260,872 proposed penalty, and the case was resolved civilly.
• Key point: Full payment of the specific penalty proposed in the complaint can provide a quick resolution and lead to a final order.

Full text (EPA EAB public release)

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

In the Matter of: )
)
Chemson Inc. ) TSCA-HQ-2011-5003
)
Respondent. )
-------------------------------------)
FINAL ORDER

   On December 15, 2010, the U.S. Environmental Protection Agency's Office of Civil

Enforcement, Waste and Chemical Enforcement Division (EPA), filed a complaint against

Chemson Inc. (Chemson), alleging that Chemson had violated section 8(a) of the

Toxic Substances Control Act, 15 U.S.C. § 2607(a), and proposing a civil penalty of $260,872.

At 40 C.F.R. Part 22, under the Consolidated Rules of Practice that govern this

administrative enforcement proceeding, a respondent may opt for a quick resolution of the

proceeding at any time by paying the specific penalty proposed in the complaint. See § 22.18(a)(1).

On March 3, 2011, EPA informed the Environmental Appeals Board that it had received a copy

of the instrument of payment for the full amount of the $260,872 penalty from Chemson in

resolution of the above-captioned matter.

   In accordance with 40 C.F.R. § 22.18(a)(3), upon receipt of payment in full, the

Environmental Appeals Board shall issue a final order. Therefore, the above-captioned case is

hereby RESOLVED civilly for the violations and facts alleged in the complaint.

SO ORDERED.

                                 Dated: March 4, 2011

                                 By: [signature]
                                     ENVIRONMENTAL APPEALS BOARD


                             CERTIFICATE OF SERVICE

  I hereby certify that copies of the foregoing Final Order in the Matter of Chemson Inc.,

Docket No. TSCA-HQ-2011-5003, were sent to the following persons in the manner indicated:

By Facsimile and Pouch Mail:

                   Dean B. Ziegel, Esq.
                   Waste and Chemical Enforcement Division
                   Office of Civil Enforcement
                   U.S. Environmental Protection Agency
                   1200 Pennsylvania Ave., N.W. (Mail Code 2249A)
                   Washington, D.C. 20460
                   (202) 564-4038
                   Fax No. (202) 564-0020

By First Class U.S. Mail:

                   Joseph Daversa
                   President
                   Chemson Inc.
                   7825 Holstein Avenue
                   Philadelphia, PA 19153

                   Jonathan E. Wells, Esq.
                   Alston & Bird LLP
                   One Atlantic Center
                   12-1 Peachtree Street
                   Atlanta, GA 30309-3424

Annette Duncan, Secretary
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460-0001

Dated: MAR - 7 2011