Eastman Kodak Co. (Board decision, October 19, 2011)

Plain-English summary

The United States Environmental Protection Agency and Eastman Kodak Company signed and consented to entry of an attached Consent Agreement under Section 16 of the Toxic Substances Control Act. The Environmental Appeals Board incorporated that agreement into its Final Order. The Board ordered Eastman Kodak Company to comply with the agreement and pay a $41,748 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 Eastman Kodak Company was ordered to comply and pay a $41,748 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
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In the Matter of: ) , f
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Eastman Kodak Co. ) Docket No. TSCA..HQ-2011-5004 LINI1IALS _ _ _2
Rochester, NY )
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Respondent )
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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, Eastman Kodak Company (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, Eastman Kodak Company, shall comply with all terms of the Consent
   Agreement;

2. Respondent is assessed a civil penalty of$41,748. (Forty-one thousand, seven hundred
   and forty-eight 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 $41,748 as described in the Consent
   Agreement.

IT IS SO ORDERED.

                                  Dated:




                                             9

CERTIFICATE OF SERVICE

    I certify that copies of the Final Order In the Matter of: Eastman Kodak Co., Docket No.

TSCA-HQ-20 11-5004, were sent to the following persons in the manner indicated:

By Email and Interoffice 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
              Email - [email protected]

By First Class u.s. Mail:

              JoAnn E. Gould, Esq.
              Harter, Secrest & Emery LLP, Attorneys and Counselors
              1600 Bausch & Lomb Place, Rochester, NY 14604-2711
              Firm (585) 232-6500 Direct (585) 231-1220
              Fax (585) 232-2152 [email protected]

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~~an, Secretary OCT 1 9 201f
Environmental Appeals Board (Mail Coade 11 03B)
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, D.C. 20460-0001