Hampford Research, Inc. (Board decision, July 10, 2015)

Plain-English summary

Hampford Research, Inc. of Stratford, Connecticut faced an EPA Toxic Substances Control Act enforcement complaint. EPA alleged that the company failed on nearly two dozen occasions from 2011 to 2014 to comply with TSCA requirements and implementing regulations. The complaint sought a $57,474 penalty. Hampford paid the proposed penalty in full, waiving its rights to contest the allegations and appeal the Final Order. The Environmental Appeals Board issued the Final Order under 40 C.F.R. § 22.18(a)(3) to resolve the matter civilly for the facts and violations alleged in the complaint.

Decision snapshot

• Cited authorities: 15 U.S.C. §§ 2604(a)(1)(A), 2604(h), 2614(1)(B), 2614(1)(C), and 2614(3)(B); 40 C.F.R. §§ 22.18(a)(1), 22.18(a)(3), 720.78(b), 723.50(e), and 723.250(j)
• Outcome: Hampford paid the proposed $57,474 penalty, and the Board issued a Final Order resolving the matter.
• Key point: Payment of the proposed penalty under the EPA’s quick-resolution rule resolved the enforcement proceeding and waived the respondent’s right to contest the allegations or appeal.

Full text (EPA EAB public release)

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

In re: )
)
) Appeal No. TSCA-15-03C
Hampford Research, Inc. )
)
Docket No. TSCA-HQ-2014-5013 )

                                     FINAL ORDER

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

Enforcement, Waste and Chemical Enforcement Division, filed a complaint against Hampford Research, Inc. ("HRI") of Stratford, Connecticut. The complaint alleged that on nearly two dozen occasions in 2011 to 2014, HRI failed to comply with subsections 5(a)(1)(A) and 5(h) of the Toxic Substances Control Act ("TSCA"), 15 U.S.C. § 2604(a)(1)(A), (h), and with regulations implementing those subsections at 40 C.F.R. §§ 720.78(b), 723.50(e), and 723.250(j), in violation of TSCA § 15(1)(B), (1)(C), and 3(B), 15 U.S.C. § 2614(1)(B), (1)(C), (3)(B). The complaint sought a penalty of $57,474.

     Under the Consolidated Rules of Practice that govern this administrative enforcement

proceeding, a respondent may opt for a “quick resolution” of an enforcement proceeding at any time by paying the penalty proposed in the complaint. 40 C.F.R. § 22.18(a)(1). The rules further provide that, in cases initiated at EPA Headquarters (such as this one), and upon payment in full of the proposed penalty, the Environmental Appeals Board ("Board") shall issue a final order to resolve the matter. Id. § 22.18(a)(3).

     On July 7, 2015, EPA’s Office of Civil Enforcement informed the Board that it had

received full payment of the penalty ($57,474) from HRI to resolve the above-captioned matter.

Such payment by HRI constitutes a waiver of HRI’s rights to contest the allegations in the complaint and to appeal this Final Order. See id.

   In accordance with 40 C.F.R. § 22.18(a)(3), the Board hereby issues this Final Order

resolving the above-captioned matter civilly for the facts and violations alleged in the complaint.

   So ordered.¹


                         Date: 7/10/2015             By: [illegible]
                                                           Mary Beth Ward
                                                 Judge, Environmental Appeals Board


   ¹
    The three-member panel that decided this matter is composed of Environmental Appeals

Judges Mary Kay Lynch, Kathie A. Stein, and Mary Beth Ward.

                                            -2-

                            CERTIFICATE OF SERVICE

    I hereby certify that copies of the foregoing Final Order in In re Hampford Research,

Inc., TSCA Appeal No. 15-03C, were sent to the following persons in the manners indicated:

By First Class U.S. Mail, Return Receipt Requested:

Kate Hampford Donahue, President
Hampford Research, Inc.
54 Veterans Boulevard
Stratford, Connecticut 06615

By Facsimile and EPA Pouch Mail:

Geraldine Gardner, Esq.
Office of Civil Enforcement
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Mail Code 2249A
Washington, D.C. 20460
facsimile: (202) 564-0022

                                               July 10, 2015
                                                       [illegible]
                                                           Annette Duncan
                                                               Secretary