7/8/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $17,550. ON JUNE 22, 2008, EPA CONDUCTED AN INSPECTION AT THE FREIGHT HAULING COMPANY S.T.I., INC., 902 HIGHWAY 24 EAST, RAD BAY, AL. ON OR ABOUT JULY 14, 2008, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY AT 41542 HIGHWAY 195, HALEYVILLE, AL. DURING THE INSPECTIONS, DIMMENSIONAL LUMBER LABELED CCA .60 AWPC C16 UC4B WAS OBSERVED STACKED ON A TRAILER AT S.T.I., INC. AND ALSO IDENTIFIED AS BEING PRODUCED, SOLD, AND DISTRIBUTED BY RESPONDENT. RESPONDENT TREATED THE DIMENSIONAL LUMBER WITH THE PESTICIDE CCA TYPE-C WOOD PRESERVATIVE, EPA REG NO. 10465-28. THE LABEL ON CCA TYPE C WOOD PRESERVATIVE BEARS DIRECTIONS FOR USE AFTER DEC 31, 2003, ON SPECIFIC CATEGORIES OF FOREST PRODUCTS, WHICH DO NOT INCLUDE ITS USE ON DIMENSIONAL WOOD UNDER THE AWPC CA16 STANDARD. THE DIMENSIONAL WOOD CANNOT BE A TREATED ARTICLE IF THE LABEL FOR THE REGISTERED PESTICIDE DOES NOT AUTHORIZE ITS USE ON THE WOOD. AFTER DEC 31, 2003, CCA TYPE C WOOD PRESERVATIVE IS NOT REGISTERED FOR USE ON DIMENSIONAL WOOD TO BE USED ON FARMS UNDER THE AWPA C16 STANDARD.
IT IS UNLAWFUL ACCORDING TO FIFRA SEC 12(a)(2)(G) TO USE ANY REGISTERED PESTICIDE IN A MANNER INCONSISTENT WITH IT LABELING. RESPONDENT VIOLATED FIFRA SEC 12(a)(2)(G).
AFTER TREATMENT WITH CCA TYPE C WOOD PRESERVATIVE, RESPONDENT LABELED THE DIMENSIONAL WOOD FOR USE UNDER THE AWPA C16 STANDARD AND ARRANGED FOR SHIPMENT OF THE WOOD BY S.T.I., INC. TO GERBEWR LUMBER AND