A CONSENT AGREEMENT AND FINAL ORDER ENTERED INTO BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION III ( EPA ) AND HARRY WEARVER ( RESPONDENT ) WAS FILED WITH THE REGIONAL HEARING CLERK SETTLING ALLEGED VIOLATIONS OF THE FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT, AS AMENDED ( FIFRA ). THE ALLEGED VIOLATIONS, DISCOVERED AS A RESULT OF JULY 2007 INSPECTIONS OF RESPONDENT'S FACILITY CONDUCTED BY THE PENNSYLVANIA DEPARTMENT OF AGRICULTURE, INVOLVED PRODUCTION OF PESTICIDES AT AN UREGISTERED ESTABLISHEMENT AND SALES OR DISTRIBUTIONS OF MISBRANDED PESTICIDES. ACCORDING TO THE CAFO, RESPONDENT IS ASSESSED A PENALTY IN THE AMOUNT OF THIRTY SIX THOUSAND FOUR HUNDRED DOLLARE ($36,400) FOR THE ALLEGED VIOLATIONS. HARRY WEAVER OWNS AND OPERATES A BUSINESS, LOCATED AT 800 GLENWOOD DRIVE IN EPHRATA, PENNSYLVANIA, THAT SELLS RETAIL PRODUCTS AND SERVICES TO THE DAIRY INDUSTRY. RESPONDENT SOMETIMES CONDUCTS BUSINESS UNDER THE NAME WEAVER'S IBA.