6/7/11 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY $3,218 TO BE PAID IN 4 INSTALLMENTS. THE FIRST INSTALLMENT IS DUE WITHIN 30 DAYS. THE SUBSEQUENT PAYMENTS SHALL BE DUE IN 90-DAY INTERVALS THEREAFTER. THE FINAL PAYMENT IS DUE WITHIN 300 DAYS.
ALLEGATIONS:
ON OR ABOUT MARCH 5, 2010, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY LOCATED 1792 LATHAM STREET, MEMPHIS, TN 38106. DURING THE INSPECTION, 3RD SINK SAN QA SANITIZER WAS IDENTIFIED AS BEING SOLD AND/OR DISTRIBUTED BY THE RESPONDENT.
3RD SINK SAN QA SANITIZER IS A PESTICIDE 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.
RESPONDENT DISTRIBUTES OR SELL PESTICIDES. THE TERM TO DISTRIBUTE TO SELL AS DEFINED BY FIFRA 2(gg) INCLUDES TO DISTRIBUTE, SELL, OFFER FOR SALE, HOLD FOR DISTRIBUTION, HOLD FOR SALE, HOLD FOR SHIPMENT, SHIP, DELIVER FOR SHIPMENT, OR RELEASE FOR SHIPMENT.
PESTICIDES THAT ARE SOLD AND DISTRIBUTED IN THE UNITED STATES ARE REQUIRED TO BE REGISTERED WITH EPA. AT THE TIME OF THE INSPECTION 3RD SINK SAN QA SANITIZER WAS NOT REGISTERED AS A PESTICIDE WITH EPA.
THE INSPECTOR DOCUMENTED AT LEAST ONE OFFER FOR SALE AND/OR DISTRIBUTION OF SAID PESTICIDE.
UNDER FIFRA 12(a)(1)(A) IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER FIFRA 3.
RESPONDENT VIOLATED FIFRA 12(a)(1)(A) ON AT LEAST ONE OCCAS