EPA v. WASTE & WATER SPECIALTIES, LLC

Case summary

3/31/11 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $100. ON OR ABOUT NOV 12, 2009, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. AT THE TIME OF THE INSPECTION, THE PESTICIDE PRODUCT SODIUM HYPOCHLORITE 12.5% WAS IDENTIFIED AS BEING SOLD AND/OR DISTRIBUTED BY THE RESPONDENT ON AT LEAST 128 OCCASIONS. THE EPA REGISTRATION NUMBER ON THE LABEL INCLUDES THE NUMBER 14794 WHICH REFERS TO A DIFFERENT PESTICIDE PRODUCING ESTABLISHMENT OTHER THAN RESPONDENT'S FACILITY. AT THE TIME THAT RESPONDENT SOLD AND/OR DISTRIBUTED SODIUM HYPOCHLORITE 12.5%, RESPONDENT'S FACILITY WAS NOT REGISTERED WITH THE ADMINISTRATOR OF EPA AS A PESTICIDE-PRODUCING ESTABLISHMENT. DURING THE INSPECTION, THE SODIUM HYPOCHLORITE 12.5%, PRODUCT LABEL BORE AN INCORRECT EPA ESTABLISHMENT NUMBER. PURSUANT TO FIFRA 12(q)(1)(A), A PESTICIDE IS MISBRANDED IF THE LABEL HAS A STATEMENT, DESIGN, OR GRAPHIC REPRESENTATION THAT IS FALSE OR MISLEADING. UNDER FIFRA 12)(a)(1)(E), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS MISBRANDED. RESPONDENT VIOLATED FIFRA 12(a)(1)(E), ON AT LEAST 128 OCCASIONS. UNDER FIFRA 12(a)(2)(L), IT IS UNLAWFUL TO PRODUCT A PESTICIDE IN ANY STATE UNLESS THE ESTABLISHMENT IS REGISTERED WITH THE ADMINISTRATOR OF EPA.

Defendants (1)

• WASTE & WATER SPECIALTIES, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• WASTE & WATER SPECIALTIES, LLC

  5821 I-10 INDUSTRIAL PARKWAY SOUTH, THEODORE, AL, 36590

  Registry ID: 110043462231

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• WASTE & WATER SPECIALTIES, LLCentered 2011-03-31

  Primary law: FIFRA

  Federal penalty: $100

Timeline (4 milestones)

• 2011-03-31Final Order Issued
• 2011-03-31Complaint Filed/Proposed Order
• 2011-04-08Enforcement Action Data Entered
• 2011-04-19Enforcement Action Closed