4/13/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY $5,103. RESPONDENT SHALL MAKE EIGHT PAYMENTS. THE FIRST PAYMENT OF $645.07 IS DUE WITHIN THIRTY DAYS. THE LAST PAYMENT IS DUE WITHIN 660 DAYS.
ORDER ALLEGES:
ON OR ABOUT JUNE 30, 2009, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY.
DURING THE AFOREMENTIONED INSPECTION, THREE UNREGISTERED PRODUCTS IDENTIFIED AS BEING SOLD BY THE RESPONDENT, INCLUDING BLACK ALGAE BUSTER, MUSTARD BUSTER, AND TILE BRITE.
BLACK ALGAE BUSTER, MUSTARD BUSTER AND TILE BRITE ARE PESTICIDES AS DEFINED IN SECTION 2(u) OF FIFRA, WHICH INCLUDES ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY PEST.
AT THE TIME OF THE INSPECTION, BLACK ALGAE BUSTER, MUSTARD BUSTER, AND TILE BRITE WERE NOT REGISTERED AS PESTICIDES WITH EPA.
RESPONDENT VIOLATED SECTION 12(a)(1)(A) OF FIFRA.