E.I. du Pont de Nemours and Company (Board decision, September 30, 2011)

Plain-English summary

The United States Environmental Protection Agency and E.I. du Pont de Nemours and Company signed and consented to entry of an attached Consent Agreement under Section 16 of the Toxic Substance Control Act. The Environmental Appeals Board incorporated that agreement into its Final Order. The Board ordered DuPont to comply with the agreement and pay a $52,500 civil penalty within 30 days of the order's effective date. The order does not state the underlying violations in the public release transcribed here.

Decision snapshot

• Cited authorities: 15 U.S.C. § 2615.
• Outcome: The Consent Agreement was incorporated into the Final Order, and DuPont was ordered to comply and pay a $52,500 civil penalty.
• Key point: The EAB approved the TSCA settlement and set the payment deadline at 30 days after the order's effective date.

Full text (EPA EAB public release)

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

                                  )

In the Matter of: )
)
E.I. du Pont de Nemours ) Docket No. TSCA-HQ-2011-5052 and Company )
)
Respondent )
)
----------------------)

                                                     FILED
                                                     SEP 30 2011
                                                     Clerk, Environmental Appeals Board
                                                     INITIALS [illegible]

                                   FINAL ORDER

Pursuant to Section 16 of the Toxic Substance Control Act (TSCA), 15 U.S.C. § 2615, Complainant, United States Environmental Protection Agency (EPA or Agency), and Respondent, E.I. du Pont de Nemours and Company (DuPont) (collectively, the Parties), having signed and consented to entry of the attached Consent Agreement incorporated by reference into this Final Order,

   IT IS ORDERED THAT:

1. Respondent, DuPont, shall comply with all terms of the Consent Agreement;

2. Respondent is assessed a civil penalty of $52,500. (Fifty-two thousand, five hundred
   dollars).

3. Respondent shall, within thirty (30) days of the effective date of this Order, in accordance
   with the payment provisions set forth in the Consent Agreement, via a certified or cashier's check or through a wire transfer make payment of $52,500 as described in the Consent Agreement.

IT IS SO ORDERED.

                                By: [signature illegible]
                                    Environmental Appeals Board

                                Dated: September 29, 2011

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Final Order in the Matter of: E.I. du Pont de Nemours and Company, Docket No. TSCA-HQ-2011-5052, were sent to the following persons in the manner indicated:

By Facsimile and Pouch Mail:

Mark Garvey, Esq.
Waste and Chemical Enforcement Division (Mail Code 2249A) Office of Civil Enforcement U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, N.W. Washington, D.C. 20460 (202) 564-4168 Fax No. (202) 564-0035

By First Class U.S. Mail:

Andrea Malinowski, Attorney
Corporate Counsel
DuPont Legal
1007 Market Street
Wilmington, DE 19898

[signature illegible]
Annette Duncan, Secretary
Environmental Appeals Board (Mail Code 1103B)
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, D.C. 20460-0001