1/21/2025 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $299,880.00 PENALTY DUE WITHIN 30 DAYS.
ALLEGED VIOLATIONS:
AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY LOCATED IN LITHIA SPRINGS, GEORGIA, ON OR ABOUT MARCH 16, 2021, AND ITS ATLANTA, GEORGIA, FACILITY ON OR ABOUT MARCH 17, 2021. DURING THE INSPECTIONS, THE INSPECTOR OBSERVED FIVE PRODUCTS BEING HELD FOR SALE WITH PESTICIDAL CLAIMS. AT THE LITHIA SPRINGS FACILITY AND TWO PRODUCTS BEING SOLD WITH PESTICIDAL CLAIMS AT THE ATLANTA FACILITY. DURING THE INSPECTIONS, PHOTOGRAPHS WERE TAKEN OF THE CONTAINERS AND LABELS OF ALL SEVEN PRODUCTS BEING HELD FOR SALE. IN ADDITION, SALES AND SHIPPING RECORDS WERE COLLECTED FOR THE PRODUCTS SHOWING THAT THE PRODUCTS WERE SOLD OR DISTRIBUTED BETWEEN OCTOBER 2020 AND MARCH 2021. AT THE TIME OF THE INSPECTIONS, THE PRODUCTS INCLUDED CLAIMS WHICH INDICATE THAT THE PRODUCTS ACT AS, OR ARE INTENDED TO BE, PESTICIDES, IN ACCORDANCE WITH 40 C.F.R. ? 152.15. THEREFORE, THE PRODUCTS WERE REQUIRED TO BE REGISTERED AS PESTICIDES UNDER SECTION 3 OF FIFRA, 7 U.S.C. ?136A. HOWEVER, A REVIEW OF THE EPA'S PESTICIDE PRODUCT AND LABEL SYSTEM FOUND THAT NONE OF THESE PRODUCTS HAD BEEN REGISTERED AS A PESTICIDE WITH THE EPA AT THE TIME OF THE INSPECTIONS.
THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(L)(A) OF FIFRA, 7 U.S.C. ? 136J(A)(L)(A) BY DISTRIBUTING OR SELLING THE UNREGISTERED PESTICIDES REFERENCED IN CAFO ON ONE OR MORE OC