CARL FRANCKA SR D/B/A/ AREA PEST CONTROL, AND DON FRANCKA
EPA Judicial case 07-1992-0432. Outcome: Litigated With Penalty. Penalty assessed: $500. ON NOVEMBER 27, 1990, THE EPA (REGION 7) FILED AN ADMINISTRATIVE COMPLAINT AGAINST THE RESPONDENTS/DEFENDANTS, ALLEGING VIOLATION OF SECTION 12(A)(2)(G) AND FIFRA, THEY APPLIED THE PESTICIDE DURSBAN TC TERMINICIDE CONCENTRATE, TO A HOME IN INDEPENDENCE, MISSOURI. THE AFOREMENTIONED PESTICIDE WAS NOT REGISTERED FOR USE IN MISSOURI. ON NOVEMBER 28, 1990, THE RESPONDENTS/ DEFENDANTS WERE PROPERLY AND LEGALLY SERVED WITH THE COMPLAINTS. NO ANSWER WAS FILED BY THE PARTIES. UPON EXPIRATION OF TIME FRO ANSWERS TO BE FILED, COMPLAINANT EPA MADE A MOTION FOR DEFAULT ORDER. THE MOTION(S) WERE SERVED UPON THE PARTIES ON FEBRUARY 7, 1991. NO RESPONSE WAS MADE TO THE MOTION. DEFAULT ORDER GRANTED BY THE REGIONAL ADMINISTRATOR ON MARCH 5, 1991, AND A COPY OF SIAD ORDER RECEIVED BY CARL FRANCKA ON OR ABOUT MARCH 15, 1991 (WAS NOT ABLE TO SERVE ORDER UPON DONFRANCKA). THE ORDER IS FOR $500 ADMINISTRATIVE CIVIL PENALTY (THE AMOUNT OF THE COMPLAINT). LETTERS DEMANDING PAYMENT OF THE CIVIL PENALTY WAS SENT TO CARL FRANCKA SR ON NOVEMBER 5, 1991 AND JUNE 24, 1991. RESPONDENT/DEFENDANT IGNORED THE LETTERS. TO DATE NO PART OF THE PENALTY HAS BEEN PAID.