8/4/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $278,820. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
ON OR ABOUT MARCH 11, 2015, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY LOCATED AT 7705 NORTHEAST INDUSTRIAL BLVD., MACON, GEORGIA 31216.
AT THE TIME OF THE INSPECTION, THE INSPECTOR OBSERVED CONTAINERS OF THE PESTICIDE PRODUCTS BIOBAN CS-1135; FUEL SAVER ANTIMICROBIAL AGENT (AKA) BIOBAN P1487 ANTIMICROBIAL AGENT AND BIOBAN EXN ANTIMICROBIAL BEING OFFERED FOR SALE AND/OR DISTRIBUTION AT THE FACILITY.
THE INSPECTOR COLLECTED INFORMATION INCLUDING SALES AND SHIPPING LEDGERS DOCUMENTING AT LEAST FIFTY-INE (59) SEPARATE TIME DURING WHICH THE RESPONDENT PRODUCED, SOLD AND DISTRUBUTED THE PRODUCTS BIOBAN CS-1135, FUEL SAVER ANTIMICROBIAL AGENT AND BIOBAN DXN ANTIMICROBIAL.
DURING THE INSPECTION AND THE EPA'S ONGOING INVESTIGATION, IT WAS DETERMINED THAT RESPONDENT HAD A SUPPLEMENTAL DISTRUBUTION AGREEMENT WITH DOW CHEMICAL FOR THE PRODUCTS BIOBAN CS-1135; FUEL SAVER ANTIMICROBIAL AGENT (AKA) BIOBAN P1487 ANTIMICROBIAL.
AT THE TIME OF THE INSPECTION, THE PRODUCT LABELS ON BIOBAN CS-1135, FUELSAVER ANTIMICROBIAL AGENT, AND BIOBAN DXN WERE IDENTICAL TO THE EPA-APPROVAL ALBELS. BIOBAN CS-1135'S LABEL WAS APPROVED BY EPA ON MAY 2, 2012. FUELSAVER ANTIMICROBIAL AGENT'S LABEL WAS APPORVED BY EPA ON APRIL 25, 2012. BIOBAN DXN ANTIMICROBIAL'S LABEL WAS APPROVED BY EPA ON APRIL 21,