EPA v. BREEZE SOUTH, LLC

Case summary

8/18/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,000. ON OR ABOUT DEC 7, 2007, EPA CONDUCTED AN INSPECTION AT BREEZE SOUTH. DURING THE INSPECTION, HI-TEST BLEACH WAS IDENTIFIED AS BEING SOLD AND DISTRIBUTED BY THE RESPONDENT. AT THE TIME OF THE INSPECTION, HI-TEST BLEACH WAS NOT REGISTERED AS A PESTICIDE WITH EPA. UNDER FIFRA 12(a)(1)(A), IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL ANY PESTICIDE THAT IS NOT REGISTERED UNDER FIFRA SECTION 3. RESPONDENT PRODUCED THE PESTICIDE HI TEST BLEACH IN AN ESTABLISHMENT THAT WAS NOT REGISTERED WITH THE ADMINISTRATOR OF EPA AS A PESTICIDE-PRODUCING ESTABLISHMENT. AS SET FORTH IN FIFRA SECTION 12(a)(2)(L), IT IS UNLAWFUL TO PRODUCE A PESTICIDE IN ANY STATE UNLESS THE ESTABLISHMENT IS REGISTERED WITH THE ADMINISTRATOR OF EPA. RESPONDENT SHALL PAY THE $4,000 PENALTY IN INSTALLMENTS. THE FIRST PAYMENT OF $349.81 IS DUE ON AUGUST 1, 2009. THE REMAINING 11 PAYMENTS OF $349.81 EACH WILL BE MADE AS FOLLOWS: DECEMBER 1, 2009; APRIL 1, 2010; AUGUST 1, 2010; DECEMBER 1, 2010 APRIL 1, 2011; AUGUST 1, 2011; DECEMBER 1, 2011; APRIL 1, 2021; AUGUST 1, 2012 DECEMBMER 1, 2012 APRIL 1, 2013.

Defendants (1)

• BREEZE SOUTH, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• BREEZE SOUTH, LLC

  3960 W. NAVY BOULEVARD, PENSACOLA, FL, 32507

  Registry ID: 110040059290

Statutes cited

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

Enforcement conclusions (1)

• BREEZE SOUTH, LLCentered 2009-08-18

  Primary law: FIFRA

  Federal penalty: $4,000

Timeline (4 milestones)

• 2009-08-18Final Order Issued
• 2009-08-18Complaint Filed/Proposed Order
• 2009-08-25Enforcement Action Data Entered
• 2016-03-31Enforcement Action Closed