12/15/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,300. FOUR PAYMENTS WILL BE MADE TO COMPLETE PAYMENT OF THE ENTIRE CIVIL PENALTY, INCLUDING INTEREST. THE FIRST PAYMENT IS DUE WITHIN 30 DAYS. SUBSEQUENT PAYMENTS WILL BE DUE IN 90 DAY INTERVALS THEREAFTER.
ON OR ABOUT JAN 18, 2007, EPA CONDUCTED AN INSPECTION AT AMISTAD HARDWARE dba VELASCO'S HARDWARE #3, LOCATED AT 9881 NORTH KENDALL DRIVE, MIAMI, FL. DURING THE INSPECTION, VELASCO'S HARDWARE #3 CHLORINATING SOLUTION, WAS IDENTIFIED AS BEING REPACKAGED, SOLD AND DISTRIBUTED BY RESPONDENT. THE LABEL ALSO INCLUDED EPA REGISTRATION NUMBER 33458-20002-45664. THE PRODUCT REGISTRATION NUMBER WAS CANCELLED ON OCT 24, 2003 AND HAS NOT BEEN RE-REGISTERED. ACCORDING TO FIFRA 12(a)(1)(A), IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL ANY PESTICIDE THAT IS UNREGISTERED. RESPONDENT VIOLATED FIFRA SEC 12(a)(1)(A).
AT THE TIME OF THE INSPECTION, RESPONDENT PRODUCED THE PESTICIDE VELASCO'S HARDWARE #3 CHLORINATING SOLUTION IN AN ESTABLISHMENT THAT WAS NOT REGISTERED WITH THE ADMINISTRATOR OF EPA AS A PESTICIDE-PRODUCING ESTABLISHMENT. ACCORDING TO SECTION 12(a)(2)(L) OF FIFRA, IT IS UNLAWFUL TO PRODUCE A PESTICIDE IN ANY STATE UNLESS THE ESTABLISHMENT IS REGISTERED WITH THE ADMINISTRATOR OF EPA. RESPONDENT VIOLATED FIFRA SEC 12(a)(2)(L).