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 settled this case in this manner.
A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted a Form R report for hydrogen fluoride for the calendar year 1997 on August 25, 1999 which was greater than one year late. On March 7, 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. As a result of phone conversations between Mr. Lawrence Jacobs, Counsel for Victaulic Company and Ms. Mary A. Kowalski, Pesticides, and Toxic Substances Branch, it was determined that the Respondent had failed to submit a timely Form R report for hydrogen fluoride to the Administrator of EPA and to the State of New Jersey for calendar years 1997. This failure to submit the Form R 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 using the Enforcement Response Policy (ERP) for Section 313 of EPCRA issued by the USEPA Office of Complianc