This is a consolidated action pursuant to our Consolidated Rules of Practice (40 C.F.R. �22.18(b)(2) and (3)), which provide that a proceeding may be simultaneously commenced and concluded by the issuance of a Consent Agreement and Final Order when the parties agree to settle one or more causes of action before the filing of an Administrative Complaint.
A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted the following Form R report to the EPA:
CHEMICAL YEAR DUE DATE POSTMARK DATE DAYS LATE
COPPER 2001 07/01/02 11/04/02 125
A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted a late Form R report for copper for the calendar year 2001. The Form R report was 125 days late. On June 27, 2003, a letter addressing the above late reporting violation was sent to the company in an effort to gain more insight into the circumstances concerning the above violation. By letter dated July 18, 2003, Mr. Travis DuBois, Plant Manager, provided the requested information for Sherburne Metal Products, Inc. Based on this information, it was determined that during 2001 that the company had processed (as defined in 40 C.F.R. � 372.3) greater than ten times the threshold quantity of copper. The Respondent was required to submit the Form R report for copper for calendar year 2001 by July 1, 2002 to the Administrator of EPA and to the S