EPA v. TROPICAL FRUIT

Case summary

REFERRAL TO DOJ ON 12/30/96 FOR VIOLATION OF FIFRA. THE REGION IS SEEKING INJUNCTIVE RELIEF. * FACILITY NAME: TROPICAL FRUIT, 335 KM 7.2 RURAL ZONE BOCA CITY & STATE: GUAYANILLA, PR 00656 THERE ARE 4 PROPOSED DEFENDANTS 12/30/1996 - REFERRED TO DOJ 03/21/1997 - COMPLAINT FILED 3/21/97 03/26/1997 - ORDER ENTERED * 10/25/2001 - CONSENT DECREE ENTERED * CASE SUMMARY FROM CASE CONCLUSION DATA SHEET: THE TROPICAL FRUIT FARM (THE FARM ) IS LOCATED ADJACENT TO THE COMUNITY OF BARRIO BOCA, JUST WEST OF THE MUNICIPALITY OF GYAYANILLA IN PR. THE FARM GROWS MANGOES, BANANAS, AND PLANTAINS, TO WHICH IT APPLIES PESTICIDES, SOME OF WHICH CONTAIN HAZARDOUS SUBSTANCES, AS THAT TERM IS DEFINED BY CERCLA. * AFTER RECEIVING NUMEROUS REPORTS FROM THE LOCAL COMMUNITY OF PESTICIDES DRIFIING OFF OF THE FARM PROPERTY AND INTO THE COMMUNITY, ON DEC. 20, 1996 EPA ISSUED AN ADMINISTRATIVE ORDER ( ORDER ) UNDER SECTION 106(A) OF CERCLA, 42 U.S.C. SECTION 9606(A), TO TP AND ITS PARTNERS WHICH REQUIRES, AMONG OTHER THINGS, THAT THE RESPONDENTS TO THE ORDER (WHO ARE THE DEFENDANTS IN THE CURRENT CIVIL ACTION) CEASE APPLY- ING PESTICIDES THAT ARE OR CONTAIN CERCLA HAZARDOUS SUBSTAN- CES IN SUCH A MANNER THAT THE PESTICIDES DRIFT OR OTHERWISE MIGRATE BEYOND THE FARM BOUNDARIES. * TP DID NOT COMPLY WITH THE ORDER AND, ON MARCH 21, 1997, THE U.S. FILED A COMPLAINT AGAINST TP AND ITS PARTNERS FOR, INTER ALIA, VIOLATIONS OF THE WORKER PROTECTION AND LABEL REQUIREMENT OF THE FIFRA, 7 U.S.C. SECTIONS 136-136Y, & FOR ENFORCEMENT OF THE ORDER. CONCURRENT WITH THE COMPLAINT, THE PARTIES ENTERED INTO A COURT-APPROVED INTERIM ORDER ON CONSENT ( IOC ) PURSUANT TO WHICH THE DEFENDANTS AGREED TO INSTITUTE ADDITIONAL MANAGEMENT PRACTICES, SUCH AS WIND SPEED LIMITS ON SPRAYING AND THE USE OF DRIFT RETARDANT AD- DITIVES, TO PROTECT RESIDENTS FROM DRIFT. THE DEFENDANTS VIOLATED THE IOC ON A NUMBER OF OCCASIONS, HOWEVER, INCLUD- ING SEVERAL TIMES WHEN PESTICIDES APPLIED AT THE FARM MIRGRATED INTO THE ADJACENT COMMUNITY. * ON NOV. 4, 1997, THE U.S. FILED A MOTION TO ENFORCE AND MODIFY THE IOC, AND FOR PAYMENT OF STIPULATED PENALTIES ( THE MOTION TO ENFORCE ), AND REQUESTED AN EXPEDITED HEAR- ING ON THE MOTION. SPECIFICALLY, THE U.S.' MOTION TO EN- FORCE REQUESTED A PROTECTIVE BUFFER ZONE FOR ALL PESTICIDES APPLICATIONS AND NEARLY $600,000 IN PENALTIES FOR THE FARM'S VIOLATIONS OF THE COURT'S MARCH 26, 1997 IOC. FOLLOWING A NOV. 19, 1997 HEARING, THE COURT ORDERED A TEMPORARY CESSA- TION OF ALL SPRAYING ACTIVITIES IN SEVERAL SECTORS OF THE FARM, PENDING FURTHER SUBMISSIONS BY THE PARTIES. * IN SUBSEQUENT STIPULATIONS BETWEEN THE PARTIES, ENTERED AS ORDERS OF THE COURT DATED DEC. 12 AND 19, 1997, AND FEB. 27, APRIL 28, AND SEPT., 1998, THE DEFENDANTS WERE PERMITTED TO APPLY SEVERAL PESTICIDES, PROVIDED THAT THE DEFENDANTS OBSERVED MANAGEMENT PRACTICES INCLUDING SPECIFIC CALIBRATION OF PESTICIDE APPLICATION EQUIPMENT AND ESTABLISHING A BUFFER ZONE OF 200 FEET (AND IN SOME CASES, 300 FEET, DEPENDING ON THE PESTICIDE), IN WHICH THE FARM MAY USE ONLY HAND SPRAYING EQUIPMENT. * IN SEPT. 1998, THE DEPARTMENT OF JU

Defendants (4)

• AVSHALOM LUBINNamed in complaintNamed in settlement
• CESAR OTERO ACEVEDONamed in complaintNamed in settlement
• PEDRO TOLEDO GONZALEZNamed in complaintNamed in settlement
• TROPICAL FRUIT, S.E.Named in complaintNamed in settlement

Facilities (1)

• TROPICAL FRUIT

  335 KM 7.2 RURAL ZONE BOCA, GUAYANILLA, PR, 00656

  Registry ID: 110009322296

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• FIFRA 12A2G — Misuse
• RCRA 9006 — Federal Enforcement: Compliance Orders, Procedure, contents, Civil Penalties
• FIFRA 3 — Registration of Pesticides

Enforcement conclusions (2)

• TROPICAL FRUIT, S.E., ET ALentered 2001-10-25

  Primary law: FIFRA

  Federal penalty: $12,000

• TROPICAL FRUIT, S.E. ET ALentered 1997-03-26

  Primary law: FIFRA

Timeline (8 milestones)

• 1996-09-09Enforcement Action Data Entered
• 1996-12-30Referred To Dept Of Justice
• 1997-03-21Complaint Filed With Court
• 2001-09-30Final Order Lodged
• 2001-10-25Concluded
• 2001-10-25Final Order Entered
• 2004-09-30Supplemental Referral to DOJ for Consent Decree Enforcement-Sent
• 2008-08-21Enforcement Action Closed