Copeq Trading Company, Inc. (Board decision, March 8, 2011)

Plain-English summary

The EPA alleged that Copeq Trading Company, Inc. violated section 8(a) of the Toxic Substances Control Act by failing to comply with the statute's reporting requirements. EPA proposed a civil penalty of $74,536. Copeq 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: Copeq paid the full $74,536 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: )
)
Copeq Trading Company, Inc. ) Docket Number TSCA-HQ-2011-5005
)
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

Copeq Trading Company, Inc. (Copeq), alleging that Copeq had violated section 8(a) of the

Toxic Substances Control Act, 15 U.S.C. § 2607(a), and proposed a civil penalty of $74,536.

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 EPA had received a copy of the

instrument of payment for the full amount of the $74,536 penalty 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.
By: [signature]
Environmental Appeals Board

                                 Dated: 3/8/2011


                           CERTIFICATE OF SERVICE

  I hereby certify that copies of the foregoing Final Order in the Matter of Copeq Trading

Company, Inc., Docket No. TSCA-HQ-2011-5005, were sent to the following persons in the
manner indicated:

By Facsimile and Pouch Mail:

                  Kathy M. Clark, Esq.
                  Waste and Chemical Enforcement Division
                  Office of Civil Enforcement
                  U.S. Environmental Protection Agency
                  1200 Pennsylvania Ave., N.W. (Mail Code 2245A)
                  Washington, D.C. 20460
                  (202) 564-4164
                  Fax No. (202) 564-0035

By Facsimile and First Class U.S. Mail:

                  Victor O'Farill
                  General Manager
                  Copeq Trading Company, Inc.
                  12941 North Fwy, Suite 433
                  Houston, TX 77060

                  Roncevert Almond
                  The Wicks Group, PLLC
                  1215 17th St., NW
                  Sumner Square, 4th Floor
                  Washington, DC 20036

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

Dated: MAR - 8 2011