Region 5 - Office of Regional Counsel

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

Cleaning Solutions, Inc.
Ecolab Incorporated
JTM Products, Inc.
L/G Formulators, Inc.
Meijer, Inc.
Riverdale Chemical Company
Stepan Company
Venus Manufacturing

EPA settles administrative penalty action for FIFRA violations against Cleaning Solutions, Inc. in Grand Rapids, Michigan.

IMPACT: On May 1, 2001, the Acting Regional Administrator of EPA, Region 5, signed a Consent Agreement and Final Order resolving allegations in a complaint charging Cleaning Solutions, Inc. d/b/a Pest Solutions with violations of section 7(c)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136e(c)(1), at its facility in Grand Rapids, Michigan. Cleaning Solutions is now in compliance with FIFRA and the regulations at 40 C.F.R. Part 167, Subpart E, that the Region alleged were violated. Cleaning Solutions has agreed to pay a penalty of $3,780.

BACKGROUND: On May 25, 2000, the Region filed a 2-count administrative complaint against Cleaning Solutions. The complaint alleges that Cleaning Solutions failed to submit annual pesticides production reports for calendar years 1997 and 1998 on or before March 1, 1998 and March 1, 1999, respectively, in violation of section 7(c)(1) of FIFRA, 7 U.S.C. § 136e(c)(1), and 40 C.F.R. Part 167, Subpart E, for its pesticide-producing establishment at 1250 Ramona SE in Grand Rapids, Michigan. The complaint includes a proposed penalty of $11,000.

In consideration of financial statements submitted by Cleaning Solutions, the Region has agreed to mitigate the proposed penalty from $11,000 to $4,200. In consideration of Respondent’s good faith efforts to comply and to cooperate with EPA, the Region has agreed to further mitigate the penalty to $3,780 to settle the case.

Case Contact: Christine Liszewski, Multi-Media Branch II, (312) 886-4670

Region 5 enters into a consent agreement and final order resolving violations of the Federal Insecticide, Fungicide, and Rodenticide Act by Ecolab Incorporated, in St. Paul, MN.

IMPACT: On May 16, 2001, U.S. EPA, Region 5 entered into a Consent Agreement and Final Order (CAFO) resolving claims against ECOLAB Inc. (ECOLAB), for violations of Section 12(a)(1)(A) of FIFRA. The total settlement is $352, 853, comprised of a cash payment of $277, 953 and two Supplemental Environmental Projects valued at $74,900.

BACKGROUND: On September 8, 2000, U.S. EPA filed a Stop Sale, Use or Removal Order pursuant to Section 13(a) of FIFRA, requiring ECOLAB to immediately cease any distribution, sale, use, or removal for disposal of the pesticide products known as ChloraSorb Stabilized Chlorine, Clean Up Kit with ChloraSorb, and Mess Kit with ChloraSorb, which are not registered with U.S. EPA, or any other unregistered pesticide products containing ChloraSorb or claims similar to the claims made for other ChloraSorb products. ChloroSorb is an absorbent containing 10,000 ppm of stabilized chlorine, used primarily in decontaminating surfaces in contact with infectious body fluids.

On September 8, 2000, U.S. EPA filed the Complaint against Respondent ECOLAB. U.S. EPA filed an Amended Complaint against ECOLAB on October 5, 2000 with a proposed penalty of $542,850. The Amended Complaint alleges that ECOLAB violated Section 12(a)(1)(A) of the Act, 7 U.S.C. § 136j(a)(1)(A), in that it sold and distributed an unregistered pesticide on at least 141 occasions. The ECOLAB promotional literature and labeling for ChloraSorb Stabilized Chlorine, Clean Up Kit with ChloraSorb, and Mess Kit with ChloraSorb claimed that the products act as disinfectants through such statements as "ChloroSorb is a fast acting absorbent deodorant with 10,000 ppm of available chlorine," "National health authorities have consistently recommended the application of a chlorine compound to spilled contaminated body fluids such as blood and other potentially infectious materials," and "The CDC recommends chlorine be used as a primary germicide. That’s why we invented ChloroSorb." Because the labeling and promotional literature claim or imply that the products are intended for destroying or mitigating a pest, they are pesticides requiring registration under 40 C.F.R. § 152.15(a)(1).

In consideration of Respondent’s immediate efforts to achieve compliance and cooperation during settlement negotiations, U.S. EPA has determined that an appropriate civil penalty to settle this action is $277,953. ECOLAB will also execute two Supplemental Environmental Projects valued at $74,900. The SEPs require ECOLAB to distribute its existing inventory of ChloroSorb products to two hospitals as well as write two articles concerning pesticide registration requirements for cleaning products and give a presentation to the legal committee of the Soap and Detergent Association. The total settlement is $352, 853.

Case Contact: Joanna S. Glowacki, Multi-Media Branch I, (312) 353-3757

Region 5 Waste, Pesticides, and Toxics Division Director signs a Consent Agreement and Final Order simultaneously commencing and concluding and action against JTM Products, Inc., Cleveland, Ohio for violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

IMPACT: On December 14, 2000, the Director of the Waste, Pesticides and Toxics Division, Region 5 signed a Consent Agreement and Final Order (CAFO) simultaneously commencing and concluding an action against JTM Products, Inc., Cleveland, Ohio, pursuant to Section 14(a) of FIFRA, 7 U.S.C. 136l(a). The CAFO requires the Respondent to pay a civil penalty in the amount of $11,880, submit an annual production report, and to cease distribution or sale of a pesticide product until it obtains a registration for the product or a contract manufacturing agreement with a registrant of the product.

BACKGROUND: In January 2000, the Ohio Department of Agriculture conducted an inspection of the JTM Products facility in Cleveland, Ohio. The inspection uncovered possible violations of Section 3(a) of FIFRA (sale or distribution of an unregistered pesticide), and Section 7(c)(1)/ 40 CFR § 167.85 (failure to submit and late submission of annual production reports), relating to a insecticidal soap manufactured by JTM Products. On August 18, 2000, U.S. EPA Region 5 sent to JTM Products, a Notice of Intent to File an Administrative Complaint for these alleged violations. In response to the notice letter, JTM Products provided additional information and indicated a willingness to correct the violations and pay a significant penalty.

U.S. EPA Region 5 planned to seek $14,850 in penalty in an administrative complaint. However, based upon JTM Products’ cooperation and good faith efforts, U.S. EPA Region 5 agreed to mitigate the penalty to $11,880. The CAFO in this matter simultaneously commences and concludes this administrative action as allowed by 40 CFR § 22.13(b). The CAFO requires payment of a civil penalty of $11,880, submission of the required annual report, and cessation of sale or distribution of the pesticide until a registration or contract manufacturing agreement with a registrant is obtained.

Case Contact: Mony Chabria, Multi-Media Branch I, (312) 886-6842

U.S. EPA settles FIFRA violation with L/G Formulators, Inc., Detroit, Michigan.

IMPACT: On February 22, 2001, a Consent Agreement and Final Order (CAFO) was filed resolving a Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) violation alleged against L/G Formulators, Inc. (L/G Formulators) at its establishment in Detroit, Michigan. In accordance with the FIFRA Section 7 Enforcement Response Policy, the proposed $5,500 penalty was mitigated to zero dollars after L/G Formulators agreed to terminate its Establishment Registration Number and to submit an overdue Pesticide Production Report.

BACKGROUND: L/G Formulators produces fuel additives designed to improve engine performance. In 1997, L/G Formulators registered its place of business with the U.S. EPA under Section 7 of FIFRA, 7 U.S.C. Section 136e, and 40 C.F.R. Part 167. According to Section 7 © (1) of FIFRA, 7 U.S.C. Section 136e © (1), and 40 C.F.R. Part 167.85, any producer operating an establishment registered with U.S. EPA must submit an Annual Pesticide Production Report. Although L/G Formulators did not produce any pesticides in 1997, it was required to submit an annual report to U.S. EPA. As a result of its failure to submit this report, U.S. EPA issued a complaint that proposed a $5,500 civil penalty for this violation. According to the FIFRA Section 7 Enforcement Response Policy, U.S. EPA may mitigate proposed penalties to zero dollars when companies request termination of their establishment registration because they will not produce pesticides in the foreseeable future.

Case Contact: Tim O’Malley, Multi-Media Branch I, (312) 886-6085

Consent agreement and final order signed to resolve FIFRA violations.

IMPACT: The Acting Regional Administrator, Region 5, on March 5, 2001, signed a Consent Agreement and Final Order to resolve alleged violations of the Federal Insecticide, Fungicide, & Rodenticide Act (FIFRA). The CAFO was filed with the Regional Hearing Clerk on March 8, 2001. The CAFO requires Respondents to pay $20,000 to settle the Agency’s claims. Each party has agreed to bear its own costs in this matter.

BACKGROUND: Administrative complaints were filed in this matter on April 24, 2000,and June 8, 2000, respectively, to Respondents Meijer, Inc of Grand Rapids, Michigan, and Verdant Brands, Inc., of Minneapolis, Minnesota alleging that Respondents had violated FIFRA by the sale of adulterated and misbranded pesticides at a store run by Meijer in Carmel, Indiana. The case arose from an inspection conducted by Indiana in 1997 of the retail establishment owned and operated by Meijer in Carmel, Indiana. The inspector collected several samples, two of which were found to be adulterated and two of which were misbranded. Verdant was the registrant for one of these adulterated pesticides and both the misbranded pesticides. The complaints sought proposed penalties of $20,790 from Meijer and $7,700 from Verdant. These two cases were consolidated and both Complaints are resolved by this CAFO. The CAFO will require Respondents to pay a penalty of $20,000 and to certify that the violations have been corrected.

Case Contact: Thomas C. Nash, Multi Media Branch I, (312) 886-0552

Consent Agreement and Final Order signed to resolve Federal Insecticide, Fungicide, and Rodenticide Act violation by Riverdale Chemical Company.

IMPACT: The Regional Administrator, Region 5, on December 13, 2000, signed a Consent Agreement and Final Order to resolve alleged violations of the Federal Insecticide, Fungicide, & Rodenticide Act (FIFRA). The CAFO requires Respondent to pay $3,000 to settle the Agency’s claims. Each party has agreed to bear its own costs in this matter.

BACKGROUND: An administrative complaint was filed in this matter on July 14, 2000, alleging that Respondent, Riverdale Chemical Company, had violated FIFRA by the sale of an adulterated pesticide. The case arose from an inspection conducted by Indiana in 1997 of a retail establishment owned and operated by Meijer, Inc. The inspector collected several samples, two of which were found to be adulterated. Riverdale was the registrant for one of these adulterated pesticides. The complaint sought a proposed penalty of $3,850. Respondent had contested the allegation of sale of an adulterated pesticide in its Answer.

Case Contact: Thomas Nash, Multi-Media Branch I, (312) 886-0552

Region 5 settles administrative action with Stepan Company.

IMPACT: On July 13, 2001, the Acting Regional Administrator signed a Consent Agreement and Final Order that fully resolves the FIFRA administrative action against Stepan Company for failing to identify the measure of the contents of two pesticidal products on their labels. Stepan paid the full penalty proposed in the complaint to resolve this matter in lieu of filing an answer.

BACKGROUND: On April 25, 2001, U.S. EPA Region 5 filed an administrative complaint against Stepan Company alleging that the company failed to identify the measure of the contents of two pesticidal products on their labels. U.S. EPA proposed a civil penalty of $3,300 for each count for a total penalty of $6,600. Stepan Company contacted U.S. EPA in response to the administrative complaint and agreed to pay the full amount of the $6,600 proposed civil penalty to resolve this matter. Stepan Company sent the check to U.S. EPA in lieu of filing an answer in accordance with 40 C.F.R. Part 22. After sending the check, Stepan entered into a CAFO.

Case Contact: Cathleen R. Martwick, Multi-Media Branch II, (312) 886-7166

Consent Agreement and Final Order signed to resolve a Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) violation.

IMPACT: The Regional Administrator, Region 5, on January 11, 2001, signed a Consent Agreement and Final Order to resolve alleged violations of the Federal Insecticide, Fungicide, & Rodenticide Act (FIFRA). The CAFO requires Respondent to pay $6,300 to settle the Agency’s claims. Each party has agreed to bear its own costs in this matter.

BACKGROUND: A pre-filing notice letter sent to Respondent on August, 2000, led to settlement discussions immediately. An administrative complaint was not filed in this matter. Under the new amendments to Part 22, this matter will be settled by the CAFO without issuance of a complaint. The case arose from an inspection conducted in 1997 at Venus’ manufacturing facility. The inspector collected several samples of product labels, which made pesticidal claims for an unregistered product. A product container for a registered pesticide failed to include the registration number on the label. U.S. EPA intended to seek $7,920 in penalty for these violations. The CAFO will require Respondent to certify that the violations have been corrected.

Case Contact: Thomas C. Nash Multi-Media Branch I, (312) 886-0552