EPA v. HOME DEPOT U.S.A., INC. AND AS AMERICA, INC.

Case summary

6/3/08 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $232,960, DUE WITHIN 30 DAYS. ON 11/21/06, EPA INSPECTED TWO HOME DEPOTS STORES. DURING INSPECTIONS, ELITE WHIRLPOOL WITH STAYCLEAN AND CADET 3 TOILET WITH EVERCLEAN ANTIMICROBIAL GLAZE WERE IDENTIFIED AS BEING PRODUCED AND DISTRIBUTED BY RESPONDENT. PRODUCTS ARE PESTICIDES. RESPONDENTS DISTRIBUTE OR SELL PESTICIDES. AT THE TIME OF THE INSPECTIONS, THE PRODUCTS WERE NOT REGISTERED AS PESTICIDES WITH EPA. RESPONDENTS DISTRIBUTED OR SOLD THESE PRODUCTS ON AT LEAST 64 OCCASIONS, IN VIOLATION OF FIFRA 12(a)(1)(A).

Defendants (2)

• HOME DEPOT U.S.A., INC.Named in complaintNamed in settlement
• AS AMERICA, INC.Named in complaintNamed in settlement

Facilities (2)

• HOME DEPOT HD0114

  2034 MT ZION RD, MORROW, GA, 30260

  Registry ID: 110005700223

• HOME DEPOT HD0159

  650 PONCE DE LEON AVE, ATLANTA, GA, 30308

  Registry ID: 110018901688

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• HOME DEPOT U.S.A., INC. AND AS AMERICA, INC.entered 2008-06-03

  Primary law: FIFRA

  Federal penalty: $232,960

Timeline (4 milestones)

• 2008-06-03Final Order Issued
• 2008-06-03Complaint Filed/Proposed Order
• 2008-06-06Enforcement Action Data Entered
• 2008-07-03Enforcement Action Closed