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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

ATLANTIC STATES LEGAL FOUNDATION, INC.

Plaintiff, va. Civil Action No,:

INTERNATIONAL IMAGING MATERIALS, INC. Defendant.

CONSENT DECREE


WHEREAS, the Plaintiff, Atlantic States Legal Foundation, Inc. ("ASLF"}, filed a Complaint on June __, 1993 against Defendant International Imaging Materials, Inc. ("IIMAK"), alleging violations of the reporting requirements of Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA), 42 U.S.C. 11023, relating to an industrial facility in Amherst, Erie County, New York, seeking injunctive and declaratory relief and civil penalties; and

WHEREAS, IIMAK denies ASLF's claims and any liability For alleged violations; and

WHEREAS, counsel for the parties to this action have engaged in discussions relating to the potential settlement of this litigation, which discussions have included an assessment of the facts surrounding the alleged violations; and

WHEREAS, ASLF and IIMAK agree that settlement of these matters is in the best interests of the parties and the public, and that entry of this Consent Decree without additional litigation is the most appropriate means Of reSOlving this action; and

WHEREAS, ASLF and IIMAK without trial or adjudication of any issue of fact or law, and without admission by IIMAK of the facts or violations alleged in the Complaint, and upon consent of the parties, and upon consideration of the mutual promi ses herein contained, it is hereby ORDERED, ADJUDGED AND DECREED as follows:

1. This Court has jurisdiction over the parties and subject matter of this action.

2. The undersigned representative of each party certifies that she or he is fully authorized by the party or parties whom she or he represents to enter into the terms and conditions of this Decree and to legally bind the party or parties to it.

3. This Decree shall apply to and be binding upon the parties to this action, their officers, directors, employees, successors and assigns.

4. IIMAK, Inc., owns and operates an industrial facility in Erie County, in the State of New York. The IIMAK facility which is the subject of this action is located at 310 Commerce Drive, Amherst, New York and is generally descri bed as being in Standard Industrial Code 3955. IIMAK has used chemicals subject to the reporting requirements of Section 313 of EPCRA, 42 U.S.C. 11023.

5. This Decree constitutes a full and complete settlement of the claims which have been or could have been asserted by ASLF with respect to alleged EPCRA violations at the IIMAK facility in Erie County through the date of entry of this Decree. This Decree is determined to be in the public interest and an appropriate resolution of the allegations in ASLF's Complaint.

6. This Decree shall not constitute an admission or adjudication with respect to any allegation of the Complaint, any fact or conclusion of law with respect to any matter alleged in or arising out of the Complaint, or the admission or evidence of any wrongdoing or misconduct or liability on the part of the IIMAK facility in Erie County, New York, or any affiliated person as described in Paragraph 3.

7. In full and complete satisfaction of the claims covered by the Complaint filed in this case and all other claims covered by this Decree, as described in Paragraph 5, IIMAK agrees to pay thc sum of $130,000.00 as follows:

A. IIMAK shall, to the extent required, comply with the reporting requirements of Sections 311, and 313 of EPCRA as of the date of entry of this Decree.

B. IIMAK shall pay a Thirteen Thousand Dollar ($13,000.00) penalty to the United States Treasury within twenty (20) days of the entry of this Decree. Payment, along with a copy of the executed Consent Decree, shall be sent to: Saundra Doyle, United States Department of Justice, Executive Office, Room 6732, P.O. Box 7754, Washington, DC 20044-7754. A copy of the check and covering letter shall be sent simultaneously to ASLF.

C. IIMAK shall pay Thirty Thousand Dollars ($30,000.00) to Erie County Local Emergency Planning Committee within (20) twenty days of the entry of this Decree. The check shall be made payable to the Erie County Department of Emergency Services, 95 Franklin Street, Buffalo, New York 14202, Attention: James Keane, Commissioner. The money shall be used as follows:

1) $20,000.00 for a pollution prevention and risk reduction training seminar for Western New York to be held in the Fall of 1998.

2) $10,000.00 for HAZMAT planning and response activities, including the purchase of emergency response equipment.

D. IIMAK shall pay Fifteen Thousand Dollars ($15,000.00) to the "State of New York Special Review Fund-Other" at the address of: State of New York, Division of Military and Naval Affairs, State Emergency Management Office, 330 Old Niskayuna Road, Latham, New York 12110-2224, Attention: Debra A. Scu. llary, Esq. within (20} twenty days of the entry of this Decree. IIMAK shall send a copy of the Consent Decree with the payment, The payment shall be used to conduct "Public Safety Critical Incident Management" training courses in Western New York, including one course to be primarily for people in the Town of Tonawanda. A copy of the check and covering shall be sent simultaneously to ASLF.

E. IIMAK shall pay Fifty Thousand Dollars ($50,000.00) to Fund for the Environment, Inc., 658 West Onondaga Street, Syracuse, New York 13204 within (20} twenty days of the entry of this Decree. IIMAK shall send a copy of the Consent Decree with the payment. The money shall be administered by Fund for the Environment as follows:

1) $25,000.00 for the Lake Erie Management Plan (LAMP) to provide funding for public involvement in the LaMP process. The LaMP is required pursuant to the Great Lakes Water Quality Agreement between the United States and Canada.

2) 25,000.00 for the Niagara River Toxics Management Plan (NRTMP) to provide funding For technical assistance and public involvement. The NRTMP is project of the USEPA, Environment Canada, Ontario Ministry of the Environment and the New York State Department of Environment Conservation.

F. IIMAK shall pay Twelve Thousand Dollars ($12,000.00) to OMB Watch, 1731 Connecticut Avenue, N.W., Washington, D.C. 20009, Attention: Gary Bass, Director, within (20) twenty days of the entry of this Decree. The money shall be used for on-line access, technical assistance and education about the Right-to-Know Computer Network "RTK NET," an on-line computer communications link to environmental data submitted pursuant to EPCRA. IIMAK shall send a copy of the Consent Decree with the payment. A copy of the check and covering letter shall be sent simultaneously to ASLF.

G. IIMAK shall pay Ten Thousand Dollars ($10,000.00) to the Brighton Fire Company, 50 Jamaica Road, Tonawanda, New York 14150, Attention: Steven Dabney, within (20) twenty days of the entry of this Decree. IIMAK shall send a copy of the Consent Decree with the payment. The money sha11 be used by the Brighton Fire Department to develop computer system/database of critical Brighton area company information for emergency planning and response activities. A copy of the check and covering letter shall be sent simultaneously to ASLF.

It is agreed that IIMAK has no responsibility for ensuring that the payments set forth in 7(B) - 7(G) above are used for the purposes set for forth. IIMAK's only obligation is to make the required payments on a timely basis.

8. IIMAK agrees to pay ASLF's reasonable attorneys' fees and costs of $7,500.00, as provided by 42 U.S.C. 11046(f), within twenty (20) days of the entry of this Decree. The check shall be made payable to Allen, Lippes & Shonn, 1260 Del aware Avenue, Buffalo, New York 14209, Attention: Charles M. Tebbutt, Esq.

9. IIMAK shall not claim any deductions for purposes of local, state and federal taxes concerning payments made pursuant to the terms of Paragraphs 7(B-G) of this Decree.

10. IIMAK shall provide ASLF with copies of all EPCRA filings made during 1993 which are required to be sent to the New York State Department of Environmental Conservation and/or the U.S. Environmental Protection Agency in compliance with the te rms and provisions of Section 313 of EPCRA, 42 U.S.C. 11023, and the information required by the U.S. Environmental Protection Agency pursuant to 42 U.S.C. 13106(c) of the Pollution Prevention Act. All reports required to be sent as described above shall be sent to Richa,d Cox, Esq., Atlantic States Legal Foundation, Inc., 658 West Onondaga Street, Syracuse, New York 13204, at the same time at which the reports are submitted to the required agencies. If no such reports are required, IIMAK shall send a letter to ASLF by December 31, 1993 stating the reaso ns therefore.

11. Within 20 days of entry of this Decree, IIMAK shall submit a Summary of IIMAK's Source Reduction and Pollution Control Activities at its facility to Richard Cox, Esq., Atlantic States Legal Foundation, 658 West Onondaga Street, Syracus e, New York 13204.

12. Neither ASLF nor any other person or entity acting with, by, or through ASLF, in either their own or in a representative capacity, shall file or intervene in any suit, in court under EPCRA or participate in any administrative proceeding or hearing concerning the same alleged violations referred to in the Complaint or covered by this Decree.

13. Notwithstanding the provisions of Paragraph 12 above, if IIMAK should fail to comply with any terms of this Decree, ASLF will have the right to bring suit, to intervene in any other suit, or to effectuate or enforce this Consent Decree.

14. The Court shall retain jurisdiction over this matter and allow this case to be reopened without filing fee for the purpose of enabling the parties to this Decree to apply to the Court for any further Order that may be necessary to construe, carry out, or enforce compliance with the terms of this DecFee. This Consent Decree shall terminate upon receipt by ASLF of the last report from IIMAK which is due puFsuant to the terms 0 paragraph 10.

Dated this day of , 1993.

UNITED STATES DISTRICT JUDGE

ATLANTIC STATES LEGAL FOUNDATION, INC.
658 West Onondaga Street
Syracuse, New York 13204

By: Title:
Date:

CORPORATE ACKNOWLEDGMENT

STATE OF NEW YORK )
COUNTY OF ONONDAGA ) SS.

On this day of , 1993 before me personally came to me known, and who by me being duly sworn did depose and say that he/she is the of the corporation described in and which executed the foregoing Consent Decree, and he/she duly acknowledged to me that he/she executed the same as authorized by said corporation.

Source: RTK Net, Washington, DC

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