EPA v. ASPLUNDH TREE EXPERT CO

Case summary

ON MAY 24, 2001, REGION III FILED A CONSENT AGREEMENT AND FINAL ORDER WHICH SIMULTANEOUSLY INITIATED AND RESOLVED AN ADMINISTRATIVE ACTION UNDER FIFRA AGAINST THE ASPLUNDH TREE EXPERT COMPANY ( ASPLUNDH ) FOR DISTRIBUTIONAND SALE OF AN UNREGISTERED PESTICIDE BY ITS ARBORCHEM DIVISION IN MECHANICSBURG, PA. THE VIOLATIONS RESOLVED BY THE CAFO INCLUD 32 VIOLATIONS OF THE FIFRA SECTION 3 PROHIBITION ON DISTRIBUTION AND SALE OF UNREGISTERED PESTICIDES. SPECIFICALLY, RESPONDENT VIOLATED THIS PROVISION BY DISTRIBUTING AND SELLING AN UNREGISTERED DILUTED MIXTURE OF A REGISTERED PESTICIDE WITHOUT COMPLYING WITH THE CONDITIONS SET FORTH IN THE CUSTOM BLEND POLICY WHICH EXEMPTS THE DISTRIBUTION AND SALE OF CUSTOM BLENDED PETICIDES FROM LIABILITY CIRCUMSTANCES. THE DILUTED MIXTURE WAS BLENDED PESTICIDES FROM LIABILITY UNDER CERTAIN LIMITED CIRCUMSTANCES. THE DILUTED MIXTURE WAS PREPARED IN ACCORDANCE WITH THE REGISTERED LABLE AND NO SPECIFIC HARM TO HUMAN HEALTH OR THE ENVIRONMENT WAS IDENTIFIED IN CONNECTION WITH THE VIOLATIONS. IN ADDITION, THE CAFO RESOLVES RESPONDENT'S VIOLATION OF FIFRA 7 WHICH PROHIBITS PESTICIDE PRODUCTION AT AN UNREGISTERED ESTABLISHEMENT. THE CAFO ASSESSES A PENALTY OF $73,920.00 FOR VIOLATIONS WHICH OCCURRED BETWEEN JULY 1997 AND MAY 1998. THE CAFO ALSO REQUIRES RESPONDENT TO COMPLY WITH FIFRA SECTION 3 IN THE FUTURE AND TO MAINTAIN CERTAIN RECORDS TO VERIFY SUCH COMPLIANCE.

Defendants (1)

• ASPLUNDH TREE EXPERT CONamed in complaintNamed in settlement

Facilities (1)

• ASPLUNDH TREE EXPERT CO

  700 BLAIR RD, WILLOW GROVE, PA, 190901784

  Registry ID: 110010718679

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• ASPLUNDH TREE EXPERT COentered 2001-05-24

  Primary law: FIFRA

  Federal penalty: $73,920

Timeline (4 milestones)

• 2001-02-09Enforcement Action Data Entered
• 2001-05-24Complaint Filed/Proposed Order
• 2001-05-24Final Order Issued
• 2001-06-08Enforcement Action Closed