5/14/2013 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,740, DUE IN FOUR INSTALLMENT PAYMENTS.
ALLEGATIONS:
ON OR ABOUT SEPT 22, 2010, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. DURING THE INSPECTION, M-1 PAINT ADDITIVE WAS IDENTIFIED AS BEING SOLD AND/OR DISTRIBUTED BY THE RESPONDENT.
DURING A SEPT 22, 2010, INSPECTION CONDUCTED BY EPA AT AQUA EZ, LOCATED AT 6010 WHEATON DR, ATLANTA, GA, A BULK M-1 PAINT ADDITIVE CONTAINER SHIPPED BY RESPONDENT WAS OBSERVED TO BE AFFIXED WITH A LABEL WHICH BORE THE PESTICIDAL CLAIMS M-1 ADVANCED MILDEWCIDE, AND, INHIBITS, MILDEW, MOLD, ALGAE, ON DRY FILM.
THE LABEL ON THE BULK M-1 PAINT ADDITIVE PRODUCT CONTAINER STATES AND/OR IMPLIES THAT M-1 PAINT ADDITIVE IS INTENDED FOR A PESTICIDAL PURPOSE. THEREFORE, PURSUANT TO FIFRA 2(u) AND 40 CFR 152.15, THE M-1 PAINT ADDITIVE PRODUCT IS A PESTICIDE.
RESPONDENT DISTRIBUTE OR SELLS PESTICIDES.
PESTICIDES THAT ARE SOLD OR DISTRIBUTED IN THE U.S. ARE REQUIRED TO BE REGISTERED WITH EPA PURSUANT TO FIFRA SEC 3.
AT THE TIME OF INSPECTION, M-1 PAINT ADDITIVE WAS NOT REGISTERED AS A PESTICIDE WITH EPA.
THE INSPECTOR DOCUMENTED AT LEAST ONE SALE AND/OR DISTRIBUTION OF SAID PESTICIDE TO AQUA EZ LOCATED IN ATLANTA, GA ON OR ABOUT SEPT 13, 2010.
UNDER FIFRA 12(a)(1)(A), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUT OR SELL TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER FIFRA SEC 3.
RESPONDENT VIOLATED FIFRA 12(a)(1)(A) ON AT LEAST