EPA v. FAIRWAY EXTERMINATING COMPANY, INC.

Case summary

AN ADMINISTRATIVE COMPLAINT AND NOTICE OF OPPORTUNITY FOR HEARING WAS SERVED BY MAIL ON FARIWAY EXTERMINATING COMPANY, INC. (HEREINAFTER REFERRED TO AS FAIRWAY ), ON 01/11/79, FOR ALLEGED VIOLATIONS OF THE FIFRA PROPOSING A PENALTY OF $1,250.00. ON 01/30/79, FAIRWAY, THROUGH MR. W.D. FAIRCHILD, REPRESENTATIVE OF THE COMPANY, REQUESTED A HEARING CONCERN- ING THE CHARGES. NEGOTIATIONS WERE NOT SUCCESSFUL AND THE CASE WAS ASSIGNED TO ALJ YOST ON 10/30/79. A DEFAULT ORDER WAS ISSUED BY ALJ YOST AGAINST FAIRWAY ON 02/25/80, FOR FAILURE TO RESPOND TO A PREHEARING LETTER BY 02/08/80. DEFAULT BY FAIRWAY CONSTITUTES AN ADMISSION OF ALL FACTS ALLEGED IN THE COMPLAINT AND WAIVES THE RIGHT TO A HEARING ON THE FACTUAL ALLEGATIONS. ON 11/24/80, MS. REBECCA W. HANMER, FORMER REGIONAL ADMINIS- TRATOR OF EPA REGION IV, ISSUED A FINAL ORDER UPON DEFAULT. PAYMENT OF THE CIVIL PENALTY ASSESSED ($1,250.00) BECAME DUE 01/26/81. A NOTICE OF IMPOSITION OF CIVIL PENALTY ACCOM- PANIED THE FINAL ORDER UPON DEFAULT. COLLECTION WAS AGAIN ATTEMPTED ON 01/17/83, WITH THE ISSUANCE OF A NOTICE OF FAILURE TO PAY, REQUESTING PAYMENT WITHIN TEN (10) DAYS OF RECEIPT. FAIRWAY RECEIVED THE NOTICE ON 01/24/83, AND HAS NOT RESPONDED IN ANY MANNER.

Defendants (1)

• FAIRWAY EXTERMINATING COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• FAIRWAY EXTERMINATING CO

  245 2ND ST, FOREST, MS, 39074

  Registry ID: 110010719099

Statutes cited

• FIFRA 14 — Fed. Insect, Fung & Rod Act

Enforcement conclusions (1)

• FAIRWAY EXTERMINATING COMPANY, INC.entered 1984-02-24

  Primary law: FIFRA

  Federal penalty: $1,250

Timeline (8 milestones)

• 1983-03-22Referred To Headquarters
• 1983-05-10Referred To Dept Of Justice
• 1983-08-05Referred TO U.S. Attorney
• 1983-08-15Complaint Filed With Court
• 1984-02-24Final Order Entered
• 1984-02-24Concluded
• 1984-02-24Final Order Lodged
• 1984-04-16Enforcement Action Closed