EPA v. VOLUSIA COUNTY PUBLIC TRANSPORTATION SYSTEM (VOTRAN)

Case summary

3/12/2012 - STOP SALE, USE, OR REMOVAL ORDER (SSURO) ISSSUED. ORDER STATES: ON OR ABOUT JANUARY 31, 2012, AN INSPECTOR OF THE EPA REGION 4 OFFICE INSPECTED RESPONDENT'S FACILITY. PRIOR TO THE AFOREMENTIONED INSPECTION, VOTRAN PURCHASED TWO MICRO-MIST DECONTAMINATION SYSTEMS MANUFACTURED BY ZIMEK TECHNOLOGIES, LLC, AND 36 CASES OF THE SPORICIDIN BRAND DISINFECTANT SOLUTION, EPA REGISTRATION NUMBER 8383-3, TO FOG THE SURFACE AREAS INSIDE ITS VEHICLES. INFORMATION COLLECTED DURING THE JANUARY 31, 2012 INSPECTION, SHOWS THAT VOTRAN HAD USED AND WAS CONTINUING TO USE THE ZIMEK MICRO-MIST DECONTAMINATION SYSTEM TO FOG THE INTERIOR OF ITS VEHICLES WITH THE SPORICIDIN BRAND DISINFECTANT SOLUTION . PURSUANT TO SECTION 3 OF FIFRA, 7.U.S.C. SECTION 136a, A PESTICIDE INTENDED FOR DISTRIBUTION OR SALE MUST BE REGISTERED WITH EPA. THE SPORICIDIN BRAND DISINFECTANT SOLUTION, IS REGISTERED WITH EPA AS A READY-TO-USE PRODUCT THAT MAY BE APPLIED TO PRE-CLEANED, HARD, NON-POROUS SURFACES AS A CLEANER, DISINFECTANT AND DEODORIZER BY THOROUGHLY WETTING THE SURFACE. EPA REGISTRATION NUMBER 8383-3 LABEL BEARS THE DIRECTIONS FOR USE FOR FOGGING CLEAN ROOMS ONLY. IT IS UNLAWFUL FOR ANY PERSON TO USE A REGISTERED PESTICIDE IN A MANNER INCONSISTENT WITH ITS LABELING. FOGGING WITH THE SPORICIDIN PRODUCT VIA THE ZIMEK MICRO-MIST DECONTAMINATION SYSTEM IS A VIOLATION OF SECTION 12(a)(2)(G) OF FIFRA.

Defendants (1)

• VOLUSIA COUNTY PUBLIC TRANSPORTATIONNamed in settlement

Facilities (1)

• VOTRAN

  950 BIG TREE ROAD, SOUTH DAYTONA, FL, 32119

  Registry ID: 110045460764

Statutes cited

• FIFRA 12A2G — Misuse

Enforcement conclusions (1)

• VOLUSIA COUNTY PUBLIC TRANSPORTATION SYSTEM (VOTRAN)entered 2012-03-12

  Primary law: FIFRA

Timeline (2 milestones)

• 2012-03-12Final Order Issued
• 2012-03-30Enforcement Action Data Entered