# REABE SPRAYING SERVICE, INC.
> **Judicial** · FY1984 · — · Litigated With Penalty
## Case
- **Activity ID:** `25288`
- **Case Number:** 05-1984-0046
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Litigated With Penalty
- **Penalty assessed:** $635
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- REABE SPRAYING SERVICE,INC. (complaint) (settlement)
## Summary

NATURE OF THE CASE                                              AN ADMINISTRATIVE COMPLAINT AND NOTICE OR OPPORTUNITY   FOR HEARING WAS SERVED ON REABE SPRAYING SERVICE, INC., ON   FEBRUARY 16, 1981.  THE COMPLAINT CHARGED SIX COUNTS OF VIO- LATING SECTION 12(A)(2)(G) OF FIFRA, USE OF A REGISTERED     PESTICIDE IN A MANNER INCONSISTENT WITH ITS LABELLING.            REABE SPRAYED A PESTICIDE MIXTURE OF AQUA 8 PARATHION,  KOCIDE 101, AND SEVIN SPRAYALE CARBARYL INSECTICIDE IN AN    AERIAL APPLICATION TO A BEAN FIELD LOCATED ADJACENT TO THE   BIRD'S NEST DAY CARE CENTER.  THE APPLICATION WAS CONDUCTED  IN A MANNER INCONSISTENT WITH THE PESTICIDE LABELLING PRO-   VISIONS.                                                          ADMINISTRATIVE LAW JUDGE GERALD HOWARD RENDERED A DE-   CISION ON APRIL 30, 1982, THAT (ALJ) DISMISSED FIVE COUNTS   IN THE COMPLAINT, AND FOUND ONE VIOLATION OF THE LABELLING   PROVISIONS.  SPECIFICALLY, THE JUDGE FOUND AGAINST REABE FOR FAILURE TO NOTIFY THE DAY CARE CENTER BEFORE SPRAYING THE    PESTICIDE AND, SINCE NO ACTUAL HARM TO THE CHILDREN OCCUR-   RED, ASSESSED A $600 PENALTY.  ACCORDING TO THE TERMS OF     THE DECISION, THE RESPONDENT WAS REQUIRED TO PAY THE AS-     SESSED PENALTY WITHIN SIXTY DAYS OF SERVICE OF THE FINAL     ORDER (APPROXIMATELY JUNE 2, 1982).                               THE COMPANY APPEALED THIS DECISION AFTER THE DEADLINE   FOR APPEAL HAD EXPIRED.  SUBSEQUENTLY, THE JUDICIAL OFFICER  AFFIRMED THE ALJ'S INITIAL DECISION AN

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