On June 11, 2003, EPA sent Respondent a Notice of Noncompliance and Opportunity to Show Cause letter, alleging that Respondent had violated the pesticide production reporting regulations by its failure to submit its 2002 annual pesticide production report by March 3, 2003.
For the alleged violation, EPA originally calculated a penalty of $5,500, in accordance with the statutory factors of FIFRA Section 14(a), and EPA's Enforcement Response Policy for FIFRA (ERP), dated July 2, 1990, as supplemented by the AGravity Based Penalty Matrix for FIFRA Violations Which Occur After January 30, 1997, effective January 30, 1997.