8/24/2011-CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $16,640, PLUS INTEREST, DUE IN 4 INSTALLMENT PAYMENTS. THE FIRST INSTALLMENT IS DUE WITHIN 30 DAYS ($4,182.25). THE SECOND PAYMENT IS DUE WITHIN 120 DAYS ($4,182.25). THE THIRD INSTALLMENT IS DUE WITHIN 210 DAYS ($4,182.25). THE FOURTH PAYMENT IS DUE WITHIN 300 DAYS OF FILING ($4,182.15).
ALLEGATIONS:
ON OR ABOUT NOV 9, 2005, EPA CONDUCTED AN INSPECTION AT LESCO, INC., IN UPPER MARLBORO, MD. ON OR ABOUT FEB 28, 2008, EPA CONDUCTED AN ADDITIONAL INSPECTION AT THE NISUS CORP., ROCKFORD, TN.
DURING THE INSPECTIONS, THE BAC-AZAP PRODUCT WAS IDENTIFIED AS BEING SOLD AND/OR DISTRIBUTED BY RESPONDENT.
DURING THE INSPECTIONS, IT WAS NOTED THAT THE BAC-AZAP PRODUCT LABELING MADE PESTICIDAL CLAIMS FOR THE PRODUCT. ALSO, EPA HAS DETERMINED THAT AT THE TIME OF THE INSPECTION, RESPONDENT'S ADVERTISEMENT ON THE INTERNET MADE PESTICIDAL CLAIMS FOR THE PRODUCT. THEREFORE, AT THE TIME OF THE INSPECTION, THE BAC-AZAP PRODUCT WAS A PESTICIDE AS DEFINED IN FIFRA 2(u).
PURSUANT TO FIFRA 3, PESTICIDES THAT ARE SOLD AND DISTRIBUTED IN THE U.S. ARE REQUIRED TO BE REGISTED WITH EPA.
AT THE TIME OF THE INSPECTIONS, THE BAC-AZAP PRODUCT WAS NOT REGISTERED AS A PESTICIDE WITH EPA.
THE INSPECTOR DOCUMENTED AT LEAST 8 SALES AND/OR DISTRIBUTIONS OF THE BAC-AZAP PRODUCT ON THE FOLLOWING DATES:
NOV 9, 2005 - UPPER MARLBORO, MD
FEB 19, 2008 - COMMERCE, CA
FEB 19, 2008 - ORLANDO, FL
FEB 21, 2008 - KENT, WA
FEB 21,