EPA v. SAL CHEMICAL COMPANY, INC

Case summary

CONSENT AGREEMENT AND FINAL ORDER ( CAFO ) ENTERED INTO BY THE U.S. ENVIORNMENTAL PROTECTION AGENCY, REGION III ( EPA ) AND SAL CHEMICAL COMPANY, INC ( RESPONDENT ) OF WEIRTON, WEST VIRGINIA WAS FILED WITH THE REGIONAL HEARING CLERK SETTLING ALLEGED VIOLATIONS OF THE FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT, AS AMENDED ( FIFRA ). THE ALLEGED VIOLATIONS, DISCOVERED AS A RESULT OF A SEPTEMBER 2, 2008 INSPECTION CONDUCTED BY THE WEST VIRGINIA DEPARTMENT OF AGRICULTURE, INVOLVED THE PRODUCTION OF A REGISTERED SODIUM HYPOCHLORITE PESTICIDE PRODUCT AT FACILITY THAT WAS NOT REGISTERED WITH EPA AS A PESTICIDE PRODUCTION ESTABLISHMENT. THE CAFO ALSO ALLEGES THAT RESPONDENT VIOLATED FIFRA BY DISTRIBUTING OR SELLING SODIUM HYPOCHLORITE THAT WAS PRODUCED FROM COMPONENTS SUPPLIED BY ENTITIES OTHER THAN THOSE IDENTIFIED IN THE CONFIDENTIAL STATEMENT OF FORMULA SUBMITTED IN CONNECTION WITH THE PRODUCT'S REGISTRATION, AND THAT BORE AN INCORRECT EPA ESTABLISHMENT NUMBER ON THE PRODUCT'S LABEL. THIS ACTION SEEKS TO DETER PESTICIDE PRODUCTION AT UNREGISTERED ESTABLISHMENTS, SALES OF MISBRANDED PESTICIDES, AND THE FAILURE OT UPDATE CONFIDENTIAL STATEMENT SOF FORMULA FOR REGISTERED PESTICIDES.

Defendants (1)

• SAL CHEMICAL COMPANY, INC (SB)Named in complaintNamed in settlement

Facilities (1)

• SAL CHEMICAL CO. INC.

  3036 BIRCH DR., WEIRTON, WV, 26062

  Registry ID: 110000344743

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A2L — Establishment Registration
• FIFRA 12A1C — Composition Difference

Enforcement conclusions (1)

• SAL CHEMICAL COMPANY, INCentered 2010-11-16

  Primary law: FIFRA

  Federal penalty: $11,700

Timeline (3 milestones)

• 2010-11-16Final Order Issued
• 2010-11-16Complaint Filed/Proposed Order
• 2010-11-29Enforcement Action Data Entered