EPA v. AMERICAN DRILLING SERVICES, INC.

Case summary

6/11/2013 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,130. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: AT THE TIME OF THE INSPECTION, AMERICAN DRILLING SERVICES, INC. CHLORINATING SOLUTION WAS NOT REGISTERED AS A PESTICIDE WITH EPA. UNDER SECTION 12(a)(1)(A) OF FIFRA, 7 U.S.C. SECTION 136j(a)(1)(A), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER SECTION 3 OF FIFRA. AT THE TIME OF INSPECTION, THE LABEL ON AMERICAN DRILLING SERVICES, INC. CHLORINATING SOLUTION WAS FALSE OR MISLEADING IN THAT IT BORE EPA REGISTRATION NO. 33458-23-772300, WHICH WAS THE SUPPLEMNETAL REGISTRATION NUMBER ASSIGNED TO THE ANTIMICROBIAL PESTICIDE SODIUM HYPOCHLORITE SOLUTION 10.5% SOLD BY A & D WATER SYSTEMS, INC., 1530 NW 25TH DRIVE, OCKEECHOBEE, FLORIDA 34972. AT THE TIME OF THE INSPECTION, THE LABEL ON AMERICAN DRILLING SERVICES, INC. CHLORINATING SOLUTION WAS FALSE OR MISLEADING IN THAT IT WAS PRODUCED AT AMERICAN DRILLING SERVICES, IN., BUT BORE EPA ESTABLISHMENT NO. 66399-FL-01, WHICH IS THE ESTABLISHMENT NUMBER ASSIGNED TO A & D WATER SYSTEMS, INC. UNDER SECTION 12(a)(1)(E) OF FIFRA, 7 U.S.C. AT THE TIME OF THE AFOREMENTIONED INSPECTION, RESPONDENT PRODUCED THE PESTICIDE AMERICAN DRILLING SERVICES, INC. CHLORINATIING SOLUTION IN AN ESTABLISHMENT THAT WAS NOT REGISTERED WITH THE THE ADMINISTRATOR OF THE EPA AS A PESTICIDE-PRODUCING ESTABLISHMENT. UNDER SECTION 12(a)(2)(L) OF FIFRA, 7 U.S.C. SECTION 136j(a)(2)(L), IT IS UNLAWFUL TO PRODUCE A PESTICIDE IN AN STATE UNLESS THE ESTABLISHMENT IS REGISTERED WITH THE ADMINISTRATOR OF THE EPA AS SET FORT IN SECTION 7 OF FIFRA. RESPONDENT VIOLATED SECTION 12(a)(2)(L).

Defendants (1)

• AMERICAN DRILLING SERVICES, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• AMERICAN DRILLING SERVICES INC

  405 SW 2ND ST, OKEECHOBEE, FL, 34974

  Registry ID: 110038285432

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A2L — Establishment Registration
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• AMERICAN DRILLING SERVICES, INC.entered 2013-06-11

  Primary law: FIFRA

  Federal penalty: $5,130

Timeline (4 milestones)

• 2013-06-11Complaint Filed/Proposed Order
• 2013-06-11Final Order Issued
• 2013-06-14Enforcement Action Data Entered
• 2013-07-09Enforcement Action Closed