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. We intend to settle the case in this matter.
A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted a Form A report to the EPA for tetracycline hydrochloride for reporting year 1999 on June 18, 2001. The report was filed 351days late. On February 13, 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. On February 19, 2003, March 5 and 6, 2003, Helm New York Inc. (Helm) provided the requested information. Based on this information, it was determined that Helm had �imported� (as defined in 40 C.F.R. � 372.3) 41,887 lbs of tetracycline hydrochloride during 1999.
The Respondent was required to submit the Form R report by July 1, 2000 for calendar year 1999 to the Administrator of EPA and to the State of New Jersey. This failure to submit a Form A report, in a timely manner, constitutes a violation of Section 313 of EPCRA, 42 U.S.C. � 11023, and 40 C.F.R � 372.30. The amount of the penalty was initially calculated usin