EPA v. CHARBET CHEMICAL CORPORATION

Case summary

7/14/83: AN ADMINISTRATIVE COMPLAINT AND NOTICE OF OPPOR- TUNITY FOR HEARING WAS ISSUED TO CHARBET CHEMICAL CORPORA- TION (HEREINAFTER REFERRED TO AS CHARBET ), ON OCTOBER 13, 1981, PROPOSING A PENALTY OF $1,760.00. THE COMPLAINT ALLEGED A VIOLATION OF THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (THE ACT) FOR FAILURE TO SUBMIT AN AN- NUAL PESTICIDE PRODUCTION REPORT FOR 1980 WHICH PROVIDES INFORMATION ON THE TYPES OF PESTICIDES PRODUCED AND DISTRI- BUTED ANNUALLY BY A REGISTERED ESTABLISHMENT. ON NOVEMBER 30, 1981, CHARBET, THROUGH MORRILL TURK, PRESIDENT, RE- QUESTED A HEARING CONCERNING THE CHARGE OF FAILURE TO SUBMIT A PESTICIDE PRODUCTION REPORT FOR 1980 AND THE PROPOSED PENALTY AMOUNT. ADMINISTRATIVE LAW JUDGE THOMAS B. YOST WAS ASSIGNED TO THIS CASE JANUARY 7, 1982. ON FEBRUARY 1, 1982, JUDGE YOST SENT A LETTER TO CHARBET AND EPA REQUIRING THAT A PRE-HEARING INFORMATION EXCHANGE TAKE PLACE BY MARCH 8, 1982. JUDGE YOST GRANTED TWO EXTENSIONS OF TIME AND HIS ORDER DATED MARCH 29, 1982, REQUIRED THE PRE-HEARING RESPONSES TO BE FILED BY MAY 7, 1982. IN AN ORDER DATED MAY 21, 1982, JUDGE YOST ADVISED THAT THE RESPONDENT HAD NOT YET FILED ITS PRE-HEARING RESPONSE AND THAT UNLESS THE RESPONDENT FILED ITS MATERIAL BY MAY 31, 1982, A DEFAULT JUDGEMENT WOULD BE ISSUED. A DEFAULT ORDER WAS ISSUED BY JUDGE YOST AGAINST CHARBET ON JUNE 9, 1982, FOR FAILURE TO RESPOND TO HIS PRE-HEARING LETTER BY MAY 31, 1982. THE ORDER, SENT BY CERTIFIED MAIL BY THE REGIONAL HEARING CLERK, WAS RETURNED ON JULY 6, 1982, WITH THE ENVELOPE STAMPED UNCLAIMED AND RETURNED TO SEND- ER . ARRANGEMENTS WERE MADE FOR HAND DELIVERY AND THE DE- LIVERY AND THE DEFAULT ORDER WAS HAND DELIVERED TO CHARBET ON AUGUST 16, 1982. MR. TURK RESPONDED TO THE DEFAULT ORDER BY TELEGRAM ON TION REPORT WAS SENT IN APRIL 1982 AND THAT A CPA REPORT WAS SENT CONCERNING THEIR 1980 YEARLY EARNINGS. THE REGIONAL OFFICE RECEIVED THE PRODUCTION REPORT ON APRIL 8, 1982, BUT HAS NO RECORD OF RECEIPT OF A CPA REPORT. MR TURK FURTHER ADVISED THAT THE OFFICE OF REGIONAL COUNSEL HAD PROPOSED AN $800 SETTLEMENT PENALTY, BUT HE FELT $200 WAS A MORE REASON- ABLE PENALTY. THE REGIONAL HEARING CLERK FORWARDED THE MAILGRAM TO THE HEARING CLERK AT EPA HEADQUARTERS. A CPA REPORT SHOWING BUSINESS REVENUES IN 1980 WERE $105,000 WHILE WE HAVE SEVERAL WRITTEN STATEMENTS FROM MR. TURK CONCERNING CHARBET'S GROSS SALES, THERE IS NO CPA REPORT IN OUR FILES AND NO RECORD OF RECEIPT OF ANY VERIFICATION OF MR. TURK'S STATEMENTS. A DUN & BRADSTREET REPORT PRINTED AUGUST 5, 1981, PROJECTED SALES AT $450,000. A RECENT ATTEMPT TO OBTAIN FINANCIAL INFORMATION FROM DUN & BRAD- STREET WAS UNSUCCESSFUL. THEIR REPORT PRINTED APRIL 25, 1983, STATES, ON MARCH 28, 1983, MEL TURK, SEC & TREAS, DECLINED ALL INFORMATION. THE REGIONAL HEARING CLERK'S FILES DO NOT CONTAIN A CPA REPORT. FURTHER, SINCE MR. TURK'S TELEGRAM WAS NOT ACCEPTED AS AN APPEAL TO THE DEFAULT ORDER AND THE ADMINISTRATOR DID NOT OTHERWISE CHOOSE TO REVIEW IT, THE INITIAL DECISION OF JUDGE YOST BECAME FINAL. THEREFORE, WE ARE SEEKING FULL PAYMENT OF THE PENALTY, PLUS INTEREST AND COURT COSTS. THIS OFFICE RECOMMENDS THAT COLLECTION PROCEEDINGS BE COMMENCED AGAINST CHARBET CHEMICAL CORPORATION, PURSUANT TO SECTION 14(a)(5) OF THE ACT.

Defendants (1)

• CHARBET CHEMICAL CORP.Named in complaintNamed in settlement

Facilities (1)

• CHARBET CHEMICAL CO

  1360 NW 54TH ST, MIAMI, FL, 331427002

  Registry ID: 110010719106

Statutes cited

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

Enforcement conclusions (1)

• CHARBET CHEMICAL CORPORATIONentered 1986-09-23

  Primary law: FIFRA

  Federal penalty: $1,760

Timeline (8 milestones)

• 1983-06-30Referred To Headquarters
• 1983-08-09Referred To Dept Of Justice
• 1983-09-27Referred TO U.S. Attorney
• 1983-09-30Complaint Filed With Court
• 1986-09-23Concluded
• 1986-09-23Enforcement Action Closed
• 1986-09-23Final Order Lodged
• 1986-09-23Final Order Entered