Region 5 - Office of Regional Counsel

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

Akzo Nobel Chemicals, Inc.
Allergy Asthma Technology, Inc.
American Building Products, Inc.
Edmar Chemical Company
Fresh Products, Inc.
Hapak Enterprises
King of all Manufacturing, Inc.

Regional Administrator signs Final Order resolving action filed by Region 5, U.S. EPA, against Akzo Nobel Chemicals, Inc. for its violations of the Federal Insecticide, Fungicide, and Rodenticide Act. Chicago, IL.

IMPACT: On March 22, 2000, The Regional Administrator, Region 5, U.S. Environmental Protection Agency, (U.S. EPA), signed a Final Order to resolve the action filed by U.S. EPA against Akzo Nobel Chemicals, Inc., Chicago, Illinois, (Respondent), for its violations of section 12 of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136j. The Order requires Respondent to comply with the Act and to pay to the Treasurer, United States of America, a civil penalty in the amount of $5,600.00.

BACKGROUND: On December 10, 1999, U.S. EPA filed a Complaint and Notice of Opportunity for Hearing against Respondent alleging it distributed and sold two pesticides which were not registered under section 3 of FIFRA, 7 U.S.C. § 136(a), in violation of section 12(a) of FIFRA, 7 U.S.C. § 136j, and proposing a civil penalty of $7,000.00.

Case Contact: Jeffery M. Trevino, MultiMedia Branch I, (312) 886-6729

 

Region 5 files Administrative Complaint and Consent Agreement regarding Allergy Asthma Technology, Inc.. Morton Grove, IL.

IMPACT: On November 17, 1999, U.S. EPA filed simultaneously an administrative complaint for penalties and a Consent Agreement and Final Order (CAFO) regarding Allergy Asthma Technology, Inc. (AAT). The complaint alleged violations of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). The agreement with AAT requires payment of a civil penalty of $8,200.

BACKGROUND: On November 12, 1998, U.S. EPA conducted an inspection of AAT’s facility in Morton Grove, Illinois. The inspection revealed that AAT had committed unlawful acts within the meaning of Section 12(a)(1)(A) of FIFRA, 7 U.S.C. §  136j(a)(1)(A), by selling or distributing three unregistered pesticides, "Allertech Mold Preventer," "Allertech Mold Remover," and "Air Conditioner Treatment." The inspection also revealed that AAT had committed an unlawful act within the meaning of Sections 7(a) and 12(a)(2)(L) of FIFRA, 7 U.S.C. §§  136e(a) and 136j(a)(2)(L), by producing two pesticides, "Allertech Mold Preventer" and "Allertech Mold Remover," in an establishment that was not registered with the Administrator of U.S. EPA. On April 8, 1999, U.S. EPA issued a "Notice of Intent to File a Civil Administrative Complaint" against AAT for the violations discovered during the November 12, 1998 inspection. On April 14, 1999, U.S. EPA met with AAT to discuss the violations and possible settlement of U.S. EPA’s projected action. Based on information furnished by AAT regarding pesticide products at issue and the circumstances of the violations, U.S. EPA determined that an appropriate civil penalty to settle this action was $8,200.

Case Contact: James Cha, Multi-Media Branch II, (312) 886-0813

 

Regional Administrator issues final order concluding FIFRA administrative complaint against American Building Restoration Products, Inc.. Franklin, WI.

IMPACT: On December 28, 1999, the Regional Administrator, Region 5, U.S. Environmental Protection Agency issued a final order concluding an administrative complaint against American Building Restoration Products, Inc., in Franklin, Wisconsin (ABRP). The Regional Administrator issued the final order under the quick resolution procedures in Section 22.18(a) of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Issuance of Compliance or Corrective Action Orders, and the Revocation, Termination or Suspension of Permits, 64 Fed. Reg. 40137 (July 23, 1999)(to be codified at 40 CFR Part 22)("Consolidated Rules").

BACKGROUND: On October 12, 1999, Region 5 issued an administrative complaint against ABRP, alleging that ABRP distributed or sold an unregistered pesticide in violation of Section 12(a)(1)(A) of FIFRA, 7 U.S.C. § 136j(a)(1)(A), and proposed a civil penalty of $3,850. On October 29, 1999, within 30 days after receiving the complaint, U.S. EPA received a check from ABRP in the amount of $3,850 in full payment of the penalty proposed in the complaint. The final order acknowledges receipt of the payment and states that ABRP’s payment constitutes a waiver of Respondent’s rights to contest the allegations in the complaint and to appeal the final order.

Case Contact: Terry Branigan, Multi-Media Branch I, (312)353-4737

 

U.S. EPA Region 5 files Consent Agreement and Final Order in resolution of FIFRA violations by Edmar Chemical Company.  Chagrin Falls, OH.

IMPACT: On May 5, 2000, the United States Environmental Protection Agency (EPA) Region 5 filed a Consent Agreement and Final Order (CAFO) with the Regional Hearing Clerk which both simultaneously commenced and concluded an administrative penalty proceeding against Edmar Chemical Company (Edmar) of Chagrin Falls, Ohio, for violations of Section 12(a)(1)(B) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, 7 U.S.C. § 1361. In the CAFO, Edmar agreed to pay a civil administrative penalty of $1,000.

BACKGROUND: On December 10, 1999, EPA Region 5 issued to Edmar a prefiling letter and notice of intent to file an administrative complaint. Specifically, the letter stated that Edmar had violated FIFRA by making claims in its advertising of three pesticide products which differed from claims accepted for registration of those products. Edmar responded to the prefiling letter by providing financial information which demonstrated a limited ability to pay the administrative penalty. EPA would have sought $7,920 in penalties if Edmar was solvent. However, in light of the financial information provided by Edmar, EPA and Edmar agreed to settle the matter for $1,000.

Case Contact: Ivan Lieben, Multi Media Branch II, (312) 886-2242

 

U.S. EPA, Region 5 settles FIFRA action against Fresh Products, Inc., including a $2,750 penalty.  Toledo, OH.

IMPACT: On June 1, 2000, the Regional Administrator, U.S. EPA Region 5, signed a Consent Agreement and Final Order (CAFO) under Section 14(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (Act), pursuant to which Fresh Products, Inc., agrees to pay a penalty of $2,750 for violating Section 12(a)(1)(E) of the Act, 7 U.S.C. § 136j(a)(1)(E), in connection with its sale and distribution of the misbranded pesticide, Terminator Virucidal Disinfectant.

BACKGROUND: On March 3, 2000, U.S. EPA issued a Notice of Intent to file a civil administrative complaint against Fresh Products, for violations of Section 12(a)(1)(E) of the Act, in connection with its sale and distribution of the misbranded pesticide, Terminator Virucidal Disinfectant. Under the Act, it is unlawful for any person to distribute or sell to any person any pesticide that is adulterated or misbranded. 7 U.S.C. § 136j(a)(1)(E). The certified upper limit for the quaternary nitrogen equivalent of a pesticide is calculated based on the active ingredient content listed on the product label. U.S. EPA’s analysis of a sample of Terminator Virucidal Disinfectant collected by during a November 3, 1998, inspection revealed a certified upper limit for the quaternary nitrogen equivalent in exceedance of that allowed under federal regulations. During a March 31, 2000, settlement telephone call, the parties agreed to settle Fresh Products’ liability in this matter prior to U.S. EPA filing a complaint. On June 7, 2000, U.S. EPA filed a final CAFO, resolving Fresh Products’ liability for the violations for $2,750.

Case Contact: Ann Coyle, Multi-Media Branch I, (312) 886-2248

 

Region, 5 files a Consent Agreement and Final Order resolving an enforcement action against Hapak Enterprises for violation of the Federal Insecticide, Fungicide and Redenticide Act.  Crawfordsville, IN.

IMPACT: On March 27, 2000, U.S. EPA filed a Consent Agreement and Final Order (CAFO) both instituting and resolving an administrative enforcement action against Hapak Enterprises, Inc., d/b/a Current Technologies, Inc. (Hapak Enterprises), for a violation of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). The agreement with Hapak Enterprises requires payment of a civil penalty of $2,464.

BACKGROUND: On August 24, 1999, U.S. EPA conducted an inspection of Hapak Enterprises’ facility in Crawfordsville, Indiana. The inspection revealed that Hapak Enterprises had committed an unlawful act within the meaning of Section 12(a)(1)(B) of FIFRA, 7 U.S.C. § 136j(a)(1)(B), by selling or distributing a registered pesticide, "Hype-Wipe Disinfecting Towel with Bleach," when claims made for the pesticide as part of its distribution or sale substantially differed from any claims made for it as part of the statement required in connection with its registration under Section 3 of FIFRA, 7 U.S.C. § 136a. Specifically, Hapak Enterprises made the following claim in an advertisement that appeared in the July 1999 issue of the publication, Journal of Emergency Medicine: "Contains .525% bleach – the CDC recommended strength to kill HIV and Hepatitis-B."

On January 5, 2000, U.S. EPA issued a "Notice of Intent to File a Civil Administrative Complaint" against Hapak Enterprises for the violation discovered during the August 24, 1999 inspection. On January 25, 2000, U.S. EPA held a telephonic settlement discussion with Hapak Enterprises to discuss the violation and possible settlement of U.S. EPA’s projected action. Based on information furnished by Hapak Enterprises regarding its gross sales and the circumstances of the violation, U.S. EPA determined that an appropriate civil penalty to settle this action was $2,464.

Case Contact: James Cha, Multi-Media Branch II, (312) 886-0813

 

EPA Region 5 enters into Consent Agreement and Final Order with King of all Manufacturing, Inc. to resolve FIFRA violations.

IMPACT: On March 27, 2000, EPA Region 5 entered into a Consent Agreement and Final Order ("CAFO") with King of All Manufacturing, Inc. to resolve its violation of Sections 7 and 12 of FIFRA. Respondent paid a civil penalty of $1000 based on its inability to pay.

BACKGROUND: On September 21, 1999, Region 5 filed an Administrative Complaint against Respondent for its failure to register its establishment in which a pesticidal product was produced, distributed, or sold, in violation of Sections 7(a) and 12(a) of FIFRA. The Complaint sought a civil penalty in the amount of $2,640, but due to Respondent’s inability to pay, Region 5 mitigated the penalty to $1000. The parties entered into a CAFO, which became effective on March 27, 2000.

Case Contact: Constandina K. Dalianis, Multi-Media Branch II, (312)353-1027