Ponda International (Board decision, March 30, 2012)

Plain-English summary

Ponda International was accused of violating sections 4 and 8(a) of the Toxic Substances Control Act. EPA's complaint proposed a $30,692 civil penalty. The order states that EPA received a cashier's check for the full penalty to resolve the matter. 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. §§ 2603 and 2607(a); 40 C.F.R. Part 22, including § 22.18(a)(1) and (a)(3)
• Outcome: The case was resolved civilly after Ponda paid the full $30,692 penalty.
• Key point: Payment in full under 40 C.F.R. § 22.18(a) led to a final order resolving the case for the violations and facts alleged in the complaint.

Full text (EPA EAB public release)

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

In the Matter of:

Ponda International, TSCA-HQ-2012-5006

Respondent.

FINAL ORDER

On March 6, 2012, the U.S. Environmental Protection Agency's Office of Civil Enforcement, Waste and Chemical Enforcement Division (EPA), filed a complaint against Ponda International (Ponda), alleging that Ponda had violated sections 4 and 8(a) of the Toxic Substances Control Act, 15 U.S.C. §§ 2603 and 2607(a), and proposing a civil penalty of
$30,692.

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 8, 2011, EPA informed the Environmental Appeals Board that it had received a copy of a cashier's check for the full amount of the $30,692 penalty from Ponda to resolve 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:

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Final Order in the Matter of Chemson Inc., Docket No. TSCA-HQ-2012-5006, were sent to the following persons in the manner indicated:

By Facsimile and Pouch Mail:

Carl J. Eichenwald, 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) 564-4036
Fax No. 564-0020

By First Class U.S. Mail:

Yiran Mao, President
Ponda International
752 Middlefield Rd.
Palo Alto, CA 94301

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

MAR 30 2012
Dated: ______