Bethlehem Apparatus Company, Inc. (Board decision, June 25, 2012)

Plain-English summary

EPA's Office of Civil Enforcement charged Bethlehem Apparatus Company, Inc. with violations of sections 8(a), 12(b), and 13 of the Toxic Substances Control Act. The complaint proposed a civil penalty of $103,433. Under the Consolidated Rules of Practice, the company could resolve the proceeding by paying the specific penalty proposed in the complaint. EPA reported that it received the instrument of payment for the full amount, and 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), 2611(b), and 2612; 40 C.F.R. § 22.18(a)
• Outcome: The matter was resolved after payment of the proposed $103,433 civil penalty.
• Key point: Full payment of the specific penalty proposed in the complaint allowed the enforcement proceeding to be resolved under 40 C.F.R. § 22.18(a).

Full text (EPA EAB public release)

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

                                        )

In the Matter of: )
)
Bethlehem Apparatus Company, Inc. )
Respondent ) Docket Number TSCA-HQ-2012-5016
)

                                    FINAL ORDER

   On May 31, 2012, the U.S. Environmental Protection Agency's Office of Civil

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

Bethlehem Apparatus Company, (BACO), alleging that BACO had violated sections 8(a), 12(b)

and 13 of the Toxic Substances Control Act, 15 U.S.C. §§ 2607(a), 2611(b) and 2612. The

complaint specified a proposed civil penalty of $103,433.

   At 40 C.F.R. § 22.18(a)(1) 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.

   On June 18, 2012, EPA informed the Environmental Appeals Board that it had received a

copy of the instrument of payment for the full amount of the proposed $103,433 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: June 25, 2012

                               CERTIFICATE OF SERVICE

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

Apparatus Company, Inc. Docket No. TSCA-HQ-2012-5016, were sent to the following persons
in the manner indicated:

By Facsimile and Pouch Mail:

                      Geraldine Gardner, 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) 564-4032
                      Fax No. (202) 564-0035


By First Class U.S. Mail:

                      Bruce Lawrence, Senior Executive Officer
                      Bethlehem Apparatus Company, Inc.
                      890 Front Street
                      Hellertown, PA 18055

                      Jane C. Luxton, Esq.
                      Pepper Hamilton LLP
                      Hamilton Square
                      600 Fourteenth Street, N.W.
                      Washington, D.C. 20005-2004

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

              JUN 25 2012
Dated: June 25, 2012