EPA v. Aurito Gomez Lopez (SB)

Case summary

This action is a result of Worker Protection Standard inspections dated August 23, 2007 and December 13, 2007. Seventeen (17) counts of use of a registered pesticide inconsistent with its label. Respondent's answer denied the violations, alleged that the farm ceased operation in August 2008, and claimed that the Respondent has inability to pay. ORC became aware of a lack of statutory grounds for previously filing the Complaint. The statutory basis for the Complaint was section 14(a)(2) of FIFRA, which states that any private applicator or other person who is not included in paragraph 14(a)(1) (ie., registrant, commercial applicator, distributor, among others) who violates any provision subsequent to receiving a notice of warning or following a citation for a prior violation, may be assessed a penalty of $1,000 (raised to $1,100). The Respondent is not a “commercial applicator” under Section 14(a)(1) of FIFRA, because the use of the pesticides occurred on his own property, not the property of another person. The complaint, therefore, was withdrawn.

Defendants (1)

• Aurito Gomez Lopez (SB)Named in complaint

Facilities (1)

• FINCA AURITO GOMEZ LOPEZ

  CARR. 917 KM 2.2 - BO. MONTONES, LAS PIEDRAS, PR, 00771

  Registry ID: 110039165514

Statutes cited

• FIFRA 12A2G — Misuse

Timeline (3 milestones)

• 2009-06-30Complaint Filed/Proposed Order
• 2009-07-09Enforcement Action Data Entered
• 2009-11-25Enforcement Action Closed