EPA v. SOUTHERN STATES SIMPSON COOPERATIVE, INC.

Case summary

9/5/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $440. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: AS A RESULT OF THE AFOREMENTIONED INSPECTIONS AND SAMPLING, IT WAS DETERMINED THAT ON OR ABOUT MARCH 22, 2011, A PESTICIDE APPLICATOR WORKING UNDER THE DIRECTION OF THE RESPONDENT MADE AN AERIAL APPLICATION OF THE PESTICIDE 2,4D Lo-V ESTER, EPA REGISTRATION NUMBER 1386-60-72693, ONTO A WHEAT FILED BELONGING TO LARRY MCFARLIN LOCATED ON JAKE LINK ROAD IN COTTONTOWN, TENNESSEE. INSPECTION REPORTS INDICATED THAT DURING THIS APPLICATION, SOME OF THE PESTICIDE SPRAY MIST DRIFTED TO THE GREENHOUSES AND FRUIT ORCHARD LOCATED AT 650 JAKE LINK ROAD, ACROSS THE STREET FROM THE TREATED WHEAT FIELD, AND CAUSED INJURY TO PLANTS, INCLUDING TOMATOES, STRAWBERRIES, BLACKBERRIES AND PEACHES. UNDER SECTION 12(a)(2)(G) OF FIFRA, 7 U.S.C. SECTIN 136j(a)(2)(G), IT UNLAWFUL FOR ANY PERSON TO USE ANY REGISTERED PESTICIDE IN A MANNER INCONSISTENT WITH ITS LABELING. RESPONDENT VIOLATED SECTION 12(a)(2)(G) OF FIFRA.

Defendants (1)

• SOUTHERN STATES SIMPSON COOPERATIVE, INC. (SB)Named in complaintNamed in settlement

Facilities (4)

• SOUTHERN STATES SIMPSON COOP., INC.

  301 FINN STREET, FRANKLIN, KY, 42134-1123

  Registry ID: 110000550065

• SOUTHERN STATES SIMPSON COOP., INC.

  301 FINN STREET, FRANKLIN, KY, 42134-1123

  Registry ID: 110000550065

• SOUTHERN STATES SIMPSON COOP., INC.

  301 FINN STREET, FRANKLIN, KY, 42134-1123

  Registry ID: 110000550065

• SOUTHERN STATES SIMPSON COOP., INC.

  301 FINN STREET, FRANKLIN, KY, 42134-1123

  Registry ID: 110000550065

Statutes cited

• FIFRA 12A2G — Misuse

Enforcement conclusions (1)

• SOUTHERN STATES SIMPSON COOPERATIVE, INC.entered 2012-09-05

  Primary law: FIFRA

  Federal penalty: $440

Timeline (4 milestones)

• 2012-09-05Complaint Filed/Proposed Order
• 2012-09-05Final Order Issued
• 2012-09-12Enforcement Action Data Entered
• 2012-09-19Enforcement Action Closed