ON 9/28/2005, EPA ISSUED A NOTICE OF DETERMINATION ( NOD ) PURSUANT TO THE FINAL POLICY STATEMENT ON INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOSURE, CORRECTION, AND PREVENTION OF VIOLATIONS. THIS NOD IS BASED ON SELF-DISCLOSURES PROVIDED BY DAN RIVER, INC. FOR VIOLATIONS OF SECTION 313 OF EPCRA AT ITS SCHOOLFIELD FACILITY LOCATED AT 1100 WEST MAIN STREET, DANVILLE, VIRGINIA.
DAN RIVER DISCLOSED BY LETTER DATED 6/27/2005 THAT IT HAD FAILED TO SUBMIT TOXIC CHEMICAL RELEASE INVENTORY FORMS (FORM R) FOR HYDROCHLORIC ACID AEROSOL EMISSIONS FOR FIVE REPORTING YEARS, 1999 THROUGH 2003. THE TOTAL GRAVITY-BASED CIVIL PENALTY FOR THESE EPCRA VIOLATIONS WOULD BE $96,333.00. HOWEVER, BECAUSE DAN RIVER SATISFIED ALL OF THE CONDITIONS OF EPA'S SELF-DISCLOSURE POLICY AND THE AMOUNT OF ECONOMIC BENEFIT GAINED IS INSIGNIFICANT, EPA WAIVED THE CIVIL PENALTY FOR THE DISCLOSED VIOLATIONS.