9/5/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $76,900. RESPONDENT WILL MAKE SIX PAYMENTS, THE FIRST INSTALLMENT IS DUE WITHIN THIRTY DAYS FROM THE FILING OF THE CAFO. THE LAST PAYMENT IS DUE WITHIN 31 MONTHS FROM THE FILING OF THE CAFO.
ORDER ALLEGES:
ON FEBRUARY 23, 2011, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY LOCATED AT 2930 WOODBINE HILL WAY, NORCROSS, GEORGIA 30071.
DURING THE AFOREMENTIONED INSPECTION, RESPONDENT WAS PRODUCING AND DISTRIBUTING OR SELLING THE FOLOWING THREE PRODUCTS: STRUCTURE GUARD PROFESSIONAL GRADE WOOD SEALER, E-FUSION-RTU PROFESSIONAL GRADE WOOD SEALER AND PROTECTOR, AND X-MOLD BLAST OFF. THE LABELS ON STRUCTURE GUARD PROFESSIONAL GRADE WOOD SEALER AND E-FUSION-RTU PROFESSIONAL GRADE WOOD SEALER BORE CLAIMS SUCH AS WOOD SEALER AND PROTECTOR, WHICH ARE CONSIDERED TO BE PESTICIDAL CLAIMS.
THE LABEL ON X-MOLD BLAST OFF BORE CLAIMS SUCH AS X-MOLD AND MOLD REMEDIATION, WHICH ARE CONSIDERED TO BE PESTICIDAL CLAIMS.
BECAUSE THE LABELS FOR STRUCTURE GUARD PROFESSIONAL GRADE WOOD SEALER, E-FUSION-RTU PROFESSIONAL GRADE WOOD SEALER AND PROTECTOR, AND X-MOLD BLAST OFF MADE PESTICIDAL CLAIMS, THESE PRODUCTS ARE PESTICIDES AS DEFINED BY SECTION 2(u) OF FIFRA, 7 U.S.C. SECTION 136(u), WHICH INCLUDES ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY PEST.
AT THE TIME OF THE INSPECTION, STRUCTURE GUARD PROF