Deltech Corporation (Board decision, November 6, 2015)

Plain-English summary

EPA alleged that Deltech Corporation failed to comply with Toxic Substances Control Act section 12(b) reporting requirements and related regulations. The complaint proposed a $5,400 civil penalty. Deltech paid the full amount. Under 40 C.F.R. § 22.18(a)(3), the Board issued a Final Order after receiving proof of payment. The Board stated that payment waived Deltech’s right to contest the allegations and appeal and resolved the case civilly for the violations and facts alleged in the complaint.

Decision snapshot

• Cited authorities: 15 U.S.C. §§ 2611(b) and 2614; 40 C.F.R. § 707; 40 C.F.R. §§ 22.18(a) and 22.18(a)(3)
• Outcome: Deltech paid the full $5,400 proposed penalty, and the case was resolved civilly.
• Key point: Full payment under 40 C.F.R. § 22.18(a)(3) waives the respondent’s right to contest the allegations and appeal the Final Order.

Full text (EPA EAB public release)

                     BEFORE THE ENVIRONMENTAL APPEALS BOARD
              UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                          WASHINGTON, D.C.                 Clerk, Environmental Appeals Board
                                                              INITIALS [illegible]

In the Matter of:
)
Deltech Corporation ) TSCA-HQ-2015-5015
)
Respondent. )
)

                                      FINAL ORDER

   On September 25, 2015, the U.S. Environmental Protection Agency’s Office of Civil

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

Deltech Corporation (Deltech), alleging that Deltech had failed to comply with the

reporting requirements of section 12(b) of the Toxic Substances Control Act (TSCA), 15 U.S.C.

§ 2611(b), and the regulations promulgated thereunder at 40 C.F.R. Part 707, therefore

violating section 15 of TSCA, 15 U.S.C. § 2614. The complaint proposed a civil penalty

of $5,400.

   Section 22.18(a) of the Consolidated Rules of Practice, codified at 40 C.F.R. Part 22,

states that a respondent may opt for a quick resolution of the proceeding at any time by paying

the specific penalty proposed in the complaint.

   On November 5, 2015, EPA informed the Environmental Appeals Board (Board) that it

had received a copy of the instrument of payment for the full amount of the $5,400 penalty from

Deltech 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. Payment by respondent constituted a

waiver of respondent’s right to contest the allegations and to appeal the order. Id. Therefore, the

above-captioned case is hereby RESOLVED civilly for the violations and facts alleged in the

complaint.

So ordered.1

                                       ENVIRONMENTAL APPEALS BOARD


                                       By: [illegible]

1
The three-member panel ratifying this matter is composed of Environmental Appeals Judges
Mary Kay Lynch, Kathie A. Stein, and Mary Beth Ward.
 CERTIFICATE OF SERVICE

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

Corporation, Docket No. TSCA-HQ-2015-5015, were sent to the following persons in the
manner indicated:

By E-Mail and Pouch Mail:

Mark Seltzer
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) 564-2901

By First Class U.S. Mail:

Daniel C. Rutherford, Vice President
Deltech Corporation
1191 Scenic Highway
Baton Rouge, LA 70807

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

Dated: [illegible]