8/16/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $15,920. RESPONDENT WILL MAKE EIGHT PAYMENTS. THE FIRST PAYMENT SHALL BE PAID WITHIN THIRTY DAYS OF THE FILING OF CAFO. THE LAST PAYMENT IS DUE WITHIN 660 DAYS OF FILING OF CAFO.
ORDER ALLEGES:
ON DECEMBER 12, 2010, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. DURING THE INSPECTION, A PRODUCT LABELED DIATOMACEOUS EARTH, WHICH ALSO INCLUDED D.E AS AN ABBREVIATED FORM OF THE NAME, WAS OBSERVED AT THE FACILITY.
THE LABEL ON THE DIATOMACIOUS EARTH CONTAINED PHRASES SUCH AS, TO CONTROL FLEAS, TICKS AND OTHER PESTS YEAR AROUND, USE D.E. ON A REGULAR BASIS AND FOR FLEA CONTROL, BE SURE APPLY BEFORE FLEA SEASON BEGINS.
THE LABEL ON THE DIATOMACEOUS EARTH DISPLAYED THE RESPONDENT'S NAME.
DURING THE INSPECTION, THE INSPECTOR OBSERVED AND RESPONDENT CONFIRMED THAT THE DIATOMACEOUS EARTH SOLD OR DISTRIBUTED BY RESPONDENT IS LABELED BY RESPONDENT AT ITS FACILITY.
DURING THE INSPECTION, THE INSPECTOR OBTAINED COPIES OF SIX PACKING SLIPS CONTAINING SHIP TO DATES, GROUND TRACKING NUMBERS AND LISTING VARIOUS PRODUCTS, INCLUDING DIATOMACEOUS EARTH.
DIATOMACEOUS EARTH WAS DISTRIBUTED OR SOLD BY RESPONDENT, AS THOSE TERMS ARE DEFINED SECTION 2(gg) OF FIFRA, ON AT LEAST SIX DIFFERENT OCCASIONS.
DIATOMACEIOUS EARTH DISTRIBUTED OR SOLD BY RESPONDENT WAS NOT REGISTERED AS A PESTICIDE UNDER FIFRA.
THEREFORE, RESPONDENT VIOLATED SECTION 12(a)(1)(