EPA v. KENIC PET PRODUCTS, INC

Case summary

NATURE OF THE CASE: ON 09/30/82, EPA, REGION IV ISSUED AN ADMINISTRATION COMPLAINT & NOTICE OF OPPORTUNITY FOR HEARING TO KENIC PET PRODUCTS, INC. ST. PETERSBURG, FL. ALLEGING VIO LATIONS OF FIFRA & PROPOSING A PENALTY OF $6,250.00. A SETTLEMENT WAS REACHED ON 01/09/84, A CONSENT AGREEMENT AND FINAL ORDER WAS SIGNED BY ALFRED P. NICOLOSI, CORPORATE DIR- ECTOR AND PRESIDENT OF KENIC PET PRODUCTS, INC., AND ON 01/17/84, THE SETTLEMENT WAS APPROVED BY THE DEPUTY REG ADM- INISTRATOR. AS PART OF THE SETTLEMENT, KENIC AGREED TO PAY $3,750.00 IN THREE MONTHLY INSTALLMENTS OF $1,250.00. THE FIRST PAYMENT BECAME DUE 02/24/84, AND THE BALANCE WAS TO BE PAID IN TWO THIRTY DAY INCREMENTS. AS OF THIS DATE, KEN- IC PET PRODUCTS, INC., HAS FAILED TO PAY ANY PORTION OF THE AGREED TO PENALTY, DESPITE TWO FORMAL REQUESTS FROM EPA FOR PAYMENT AND TWO LETTERS (ONE FROM ANDRA TOD DREYFUSS, THE ATTORNEY FOR KENIC, AND ONE FROM MR. NICOLOSI) PROMISING PAYMENT. PROPOSED PENALTY: REGION IV COMPROMISED THE PROPOSED PEN- ALTY BY 40% IN AN EFFORT TO REACH SETTLEMENT. NO FURTHER REDUCTION IS WARRANTED. WE ARE SEEKING PAYMENT IN FULL OF THE AGREED UPON PENALTY, $3,750.00, PLUS INTEREST AND COURT COSTS. ISSUES OF NATIONAL OR PRESIDENTIAL SIGNIFICANCE: THE IM- PORTANCE OF PURSUING THIS ACTION IS TO ENSURE THAT THE RE- GULATED COMMUNITY WILL TAKE SERIOUSLY ADMINISTRATIVELY AS- SESSED PENALTIES AND CONSENT AGREEMENTS ENTERED INTO WITH AND IN GOOD FAITH BY THE EPA. RECOMMENDED ACTION: THIS OFFICE RECOMMENDS THAT COLLECT- ION PROCEEDINGS BE COMMENCED IMMEDIATELY AGAINST KENIC PET PRODUCTS, INC. PURSUANT TO SECTION 14(A) (5) OF FIFRA.

Defendants (1)

• KENIC PET PRODUCTS, INC.Named in complaintNamed in settlement

Facilities (1)

• KENIC PET PRODUCTS INC/ACINOM

  330 19TH ST SOUTH, SAINT PETERSBURG, FL, 33712

  Registry ID: 110010689255

Statutes cited

• FIFRA 14A5 — Fed. Insect, Fung & Rod Act

Enforcement conclusions (1)

• KENIC PET PRODUCTS, INC.entered 1985-09-23

  Primary law: FIFRA

  Federal penalty: $3,750

Timeline (7 milestones)

• 1984-12-26Referred To Dept Of Justice
• 1985-01-29Referred TO U.S. Attorney
• 1985-02-11Complaint Filed With Court
• 1985-09-23Final Order Lodged
• 1985-09-23Final Order Entered
• 1985-09-23Concluded
• 1989-01-16Enforcement Action Closed