EPA v. CLEAN-FLO INTERNATIONAL, LLC

Case summary

On September 26, 2017, the Regional Judicial Officer ratified a combined Complaint and Consent Agreement (CAFO) between EPA Region III and Clean-Flo International, LLC of West Chester, Pennsylvania for alleged violations of FIFRA statutory and regulatory requirements governing establishment registration, sales and distributions of pesticides, and of associated recordkeeping/reporting. EPA's investigation yielded evidence sufficient to allege that in calendar years 2012 and 2013 Clean-Flo International, LLC: (1) produced five (5) pesticidal products (i.e., the pesticides Lake Care, Lake Cleanser Special, Clean & Clear Concentrated Enzymes and Lake Clear) and a device known as the Clean-Flo Laminar System, at an unregistered establishment in West Chester, Pennsylvania; (2) made numerous distributions and/or sales of unregistered pesticides produced at that establishment; and (3) twice failed to comply with applicable FIFRA annual recordkeeping/reporting regulatory requirements. These activities constitute violations of Sections 3(a) and 7(a) of FIFRA, 7 U.S.C. Section 136a(a) and 136e(a), and unlawful acts under FIFRA Sections 12(a)(1)(A) and 12(a)(2)(L), 7 U.S.C. Section 136j(a)(1)(A) and 136j(a)(2)(L) for which penalties may be assessed pursuant to Section 14(a) of FIFRA, 7 U.S.C.Section 136l(a). Representatives of Clean-Flo International, LLC cooperated fully with EPA during the inspection and investigation and have now certified that the Company currently is in compliance with all relevant and applicable FIFRA statutory and regulatory requirements. Clean-Flo International, LLC also established its financial eligibility for a reduced civil penalty and a penalty payment plan. As a result, the settlement requires Clean-Flo International, LLC to pay a civil penalty of Twenty-Five Thousand Dollars (plus accrued interest) over a period of 100 days for the identified violations. The Pennsylvania Department of Agriculture has expressed no objection to the EPA's actions and there has been no further State involvement in this matter.

Defendants (1)

• CLEAN-FLO INTERNATIONAL, LLCNamed in complaintNamed in settlement

Facilities (1)

• CLEAN-FLO INTERNATIONAL, LLC

  827 LINCOLN AVE., SUITE 1, WEST CHESTER, PA, 19380

  Registry ID: 110059796494

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide
• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• CLEAN-FLO INTERNATIONAL, LLCentered 2017-09-26

  Primary law: FIFRA

  Federal penalty: $25,000

Timeline (3 milestones)

• 2017-09-26Complaint Filed/Proposed Order
• 2017-09-26Final Order Issued
• 2017-09-26Enforcement Action Data Entered