EPA v. CDG ENVIRONMENTAL, LLC

Case summary

On January 13, 2022, the Regional Judicial Officer ratified a combined Complaint and Consent Agreement between EPA R3 and CDG Environmental, LLC ( Respondent ) for alleged violations of FIFRA statutory and regulatory requirements governing the sale and distribution of pesticide products. Respondent specializes in the delivery/application of chlorine dioxide (which has agricultural, food processing, waste disposal, industrial cleaning, disinfection and potable waste treatment applications) and which formulates and packages EPA-registered pesticide products at its Allentown, Pennsylvania production facility (the Facility ). EPA alleged that: between July 29, 2019 and September 4, 2019, Respondent made 208 distributions and/or sales of pesticides whose composition differed at the time of their distribution or sale from the composition described in each respective pesticide's Confidential Statement of Formula filed in connection with their EPA registrations; and between December 18, 2018and October 29, 2019, Respondent made 12 distributions and/or sales of a supplementally registered pesticide that was misbranded, with product labels that did not have the name and address of the producer or person for whom this pesticidal product was produced and which failed to clearly identify the final Establishment at which this pesticidal product was produced. These activities constitute violations of Section 7(a) of FIFRA and unlawful acts under FIFRA Sections 12(a)(1)(C) and (E), and the labeling requirements of 40 C.F.R.156.10(a)(1), for which penalties may be assessed pursuant to FIFRA Section 14(a). Respondent cooperated fully with EPA and has now certified that its currently is in compliance with all relevant and applicable FIFRA statutory and regulatory requirements. The settlement requires Respondent to pay a civil penalty of $130,752.00, in 3 installments within 180 days of the effective date of the Consent Agreement and Final Order, 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)

• CDG ENVIRONMENTAL, LLCNamed in complaintNamed in settlement

Facilities (1)

• CDG ENVIRONMENTAL, LLC

  361 W CEDAR ST., ALLENTOWN, PA, 18102

  Registry ID: 110070248021

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1C — Composition Difference

Enforcement conclusions (1)

• CDG ENVIRONMENTAL, LLCentered 2022-01-13

  Primary law: FIFRA

  Federal penalty: $130,752

Timeline (4 milestones)

• 2022-01-13Final Order Issued
• 2022-01-13Complaint Filed/Proposed Order
• 2022-02-01Enforcement Action Data Entered
• 2022-06-13Enforcement Action Closed