Respondent is a feed and farm supply company. On September 27, 2012, a FIFRA inspection was conducted on behalf of EPA by a New York State Department of Environmental Conservation (NYSDEC) inspector at locations in LeRoy and Stafford, New York. As per the FIFRA Container/Containment regulations, the owner or operator of a new or existing pesticide containment structure must initiate repair to any areas showing visible signs of damage and seal any cracks and gaps in the containment structure or appurtenances with material compatible with the pesticide being stored or dispensed no later than the end of the day on which damage is noticed and complete repairs within a time frame that is reasonable, taking into account factors such as the weather, and the availability of cleanup materials, trained staff, and equipment.
The inspection revealed numerous cracks to the containment structure that the Respondent had not sealed or
repaired and did not maintain records of monthly inspections and repairs made to the containment area as required by the regulations.