EPA v. COOK COUNTY WOOD PRESERVING, INC.

Case summary

9/20/06 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $50,400. RESPONDENT SHALL PAY TWELVE INNSTALLMENTS OF $4,200 BEGINNING DECEMBER 31, 2006, AND EVERY THREE MONTHS THEREAFTER UNTIL PAID. ORDER ALLEGES: THE LABEL ON CCA TYPE C WOOD PRESERVATIVE BEARS DIRECTIONS FOR USE AFTER DECEMBER 31, 2003, ON SPECIFIC CATEGORIES OF FOREST PRODUCTS, WHICH DO NOT INCLUDE ITS USE ON DIMENSIONAL WOOD TO CONSTRUCT POULTRY HOUSES AND TRAILERS WHICH WOULD HAUL ANIMALS ON FARMS. AFTER DECEMBER 31, 2003, CCA TYPE C WOOD PRESERVATIVE IS NOT REGISTERED FOR USE ON DIMENSIONAL WOOD TO CONSTRUCT POULTRY HOUSES AND TRAILERS WHICH WOULD HAUL ANIMALS ON FARMS. PURSUANT TO SECTION 2 (ee) FIFRA, 7, U.S.C. SECTION 136(ee), THE PHRASE TO USE ANY REGISTERED PESTICIDE IN A MANNER INCONSISTENT WITH ITS LABELING MEANS TO USE ANY REGISTERED PESTICIDE IN A MANNER NOT PERMITTED BY THE LABELING, WITH CERTAIN EXCEPTIONS. RESPONDENT VIOLATION SECTION 12(a)(2)(G) OF FIFRA, ON AT LEAST SEVEN OCCASIONS. RESPONDENT DID NOT REGISTER THE TREATED DIMENSIONAL LUMBER FOR USE TO CONSTRUCT POULTRY HOUSES AND TRAILERS WHICH WOULD HAUL ANIMALS ON FARMS AS A PESTICIDE WITH THE ADMINISTRATOR PRIOR TO SALE OR DISTRIBUTION. IN VIOLATION OF FIFRA SECTION 12(a)(1)(A).

Defendants (1)

• COOK COUNTY WOOD PRESERVING, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• COOK COUNTY WOOD PRESERVING

  MARTIN LUTHER KING DRIVE, ADEL, GA, 31620

  Registry ID: 110007402006

Statutes cited

• FIFRA 12A2G — Misuse
• FIFRA 12A2L — Establishment Registration
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• COOK COUNTY WOOD PRESERVING, INC.entered 2006-09-20

  Primary law: FIFRA

  Federal penalty: $50,400

Timeline (3 milestones)

• 2006-09-20Complaint Filed/Proposed Order
• 2006-09-20Final Order Issued
• 2006-09-21Enforcement Action Data Entered