EPA v. GROWMARK FS, LLC

Case summary

On September 29, 2023, EPA Region III entered into a Consent Agreement and Final Order with GROWMARK FS, LLC ( Respondent ) alleging violations of RCRA and FIFRA and their implementing regulations. This enforcement action furthers RCRA's purpose by protecting human health and the environment from the potential hazards of waste disposal and furthers FIFRA's purpose of promoting environmentally safe and effective pesticide use and prevents the potentially harmful use of pesticides. On August 23, 2021, EPA issued an Information Request Letter to determine Respondent's compliance with Subtitle C of RCRA, 42 U.S.C. 6901 et seq., the federal hazardous waste regulations set forth at 40 C.F.R. Parts 260-266, 268 and 270-273, and the authorized Commonwealth of Pennsylvania Hazardous Waste Regulations, as well as FIFRA, 7 U.S.C. 136, et seq., and the regulations thereunder. On February 17, 2023, EPA issued Respondent a Notice of Potential Violation and Opportunity to Confer. The Consent Agreement alleges that Respondent violated RCRA by: (1) failing to submit 2019 and 2020 Biennial Reports; (2) failing to provide initial or annual training to all of its employees to ensure compliance with the requirements of Part 264 from at least 2018 to 2022; (3) failing to maintain written documentation of job titles and job descriptions for each position at the Facility related to hazardous waste management from at least 2018 to 2022; (4) failing to include arrangements with local authorities to coordinate emergency services within the Facility?s contingency plan from at least 2018 to 2022; (5) failing to include an evacuation route within the Facility?s contingency plan from at least 2018 to 2022; (6) failing to conduct weekly inspections of their hazardous waste accumulation area which is located at the Facility's Turf Plant Warehouse from at least 2018 to 2022; and (7) operating as a hazardous waste storage facility without a permit to treat, store, and dispose of hazardous waste from at least December 2018 to April 2022. The Consent Agreement also alleges that Respondent violated FIFRA and EPA?s Pesticide Program regulations by selling Acuron Herbicide with a label that did not match the EPA accepted label, including, but not limited to, the Agricultural Use Requirements, Use Restrictions, Herbicide Weed Resistance, Mixing Procedures and Crop Use Directions. The total negotiated penalty for the violations alleged in the Consent Agreement is Seventy-Nine Thousand Two Hundred and Twenty-Four Dollars ($79,224), including Sixty-Seven Thousand and Sixty-Four Dollars ($67,064) for the RCRA violations and Twelve Thousand One Hundred and Sixty Dollars ($12,160) for the FIFRA Violations. There are no EJ concerns regarding this action. EPA notified the Pennsylvania Department of Agriculture and the Pennsylvania Department of Environmental Protection.

Defendants (1)

• GROWMARK FS, LLCNamed in complaintNamed in settlement

Facilities (2)

• GROWMARK FS, LLC

  3150 STONEY POINT ROAD, EAST BERLIN, PA, 17316

  Registry ID: 110001066453

• ANDGROW FERTILIZER FACILITY

  3150 STONEY POINT RD, EAST BERLIN, PA, 17316

  Registry ID: 110001066453

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• GROWMARK FS, LLCentered 2023-09-29

  Primary law: FIFRA

  Federal penalty: $79,224

Timeline (4 milestones)

• 2023-09-29Complaint Filed/Proposed Order
• 2023-09-29Final Order Issued
• 2023-10-03Enforcement Action Data Entered
• 2023-10-06Enforcement Action Closed