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 (CAFO) 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 reports to the EPA:
HICKSVILLE FACILITY:
CHEMICAL YEAR DUE DATE POSTMARK DATE DAYS LATE
COPPER 1999 07/01/00 07/12/00 >1yr
WESTBURY FACILITY:
CHEMICAL YEAR DUE DATE POSTMARK DATE DAYS LATE
NICKEL 1999 07/01/00 07/12/00 >1yr
ALUMINUM 1999 07/01/00 07/12/00 >1yr
CHROMIUM COMPOUNDS 1999 07/01/00 07/12/00 >1yr
On July 2, 2003, a letter addressing the above late reporting violations was sent to each of the Hicksville and Westbury facilities in an effort to gain more insight into the circumstances concerning the above violations.
EPA and Sulzer Metco (USA) Inc. agree that settling this matter by entering into this Consent Agreement and Final Order pursuant to 40 C.F.R. �22.13(b) and 40 C.F.R. �22.18(b)(2) and (3), is an appropriate means of resolving this case without further litigation, and to that end, an informal settlement conference was held by phone between Mr. Peter DiPietrantoinio, Environmental Health & Safety Specialist and Mr. Rick Rudolp