12/17/19 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8300, DUE WITHIN 30 DAYS.
ALLEGATIONS:
RESPONDENT OWNS AND/OR OPERATES SEVERAL EPA-REGISTERED ESTABLISHMENTS IN THE SOUTHEASTERN U.S. WHERE PESTICIDE PRODUCTS ARE PRODUCED, DISTRIBUTED AND/OR SOLD.
ON OR ABOUT MAY 2, 2017, AN INSPECTOR AUTHORIZED BY EPA CONDUCTED A PESTICIDE PRODUCER ESTABLISHMENT INSPECTION AT A MEHERRIN AG FACILITY LOCATED AT 5724 SYDNEY ROAD, BELHAVEN, NC.
ON OR ABOUT MAY 5, 2017, THE INSPECTOR CONDUCTED A FOLLOW UP INSPECTION AT RESPONDENT'S COMPANY HQs LOCATED AT 413 MAIN STREET, SEVERN, NC.
ON OR ABOUT MAY 12, 2017, THE INSPECTOR CONDUCTED A SECONDARY FOLLOW UP INSPECTION AT THE HOME OF A CUSTOMER OF MEHERRIN AG, LOCATED IN BATH, NC.
THE INSPECTOR COLLECTED PHOTOGRAPHS AND STATEMENTS FROM RESPONDENT AND THE CUSTOMER THAT INDICATED TO EPA THAT THERE APPEARED TO BE ISSUES WITH RESPONDENT'S COMPLIANCE WITH THE STANDARDS FOR REPACKAGING PESTICIDE PRODUCTS INTO REFILLABLE CONTAINERS AS PROMULGATED UNDER 40 CFR PART 165, SUBPART D.
40 CFR 165.70(e)(3) REQUIRES THAT REFILLERS WHO ARE NOT REGISTRANTS MUST REPACKAGE A PESTICIDE PRODUCT ONLY INTO A REFILLABLE CONTAINER THAT IS IDENTIFIED ON THE DESCRIPTION OF ACCEPTABLE CONTAINERS FOR THE PESTICIDE PRODUCT PROVIDED BY THE REGISTRANT. EVIDENCE OBTAINED DURING THE INSPECTIONS INDICATES THAT RESPONDENT DISTRIBUTED OR SOLD THE PESTICIDE ROUNDUP POWER MAX II CONTAINED WITHIN A REFILLABLE CONTAINER NOT LISTED ON THE PRODUCT REGISTRA