EPA v. WE FIX IT, LLC

Case summary

5/23/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1890. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: RESPONDENT FAILED TO TIMELY SUBMIT AN NOTICE OF ARRIVAL (NOA) TO THE EPA OR A COMPLETED NOA TO THE U.S. CUSTOMS BORDER PROTECTION (CBP), CBP DETAINED THE SHIPMENT AT THE PORT OF SAVANNAH. PURSUANT TO 19 CFR SECTION 12.111, ALL IMPORTED PRSTICIDES ARE REQUIRED TO BE REGISTERED UNDER THE PROVISIONS OF SECTION 3 OF FIFRA, BEFORE BEING PERMITTED ENTRY INTO THE UNITED STATES. THE PESTICIDE, CLOROPHEN C, LISTED ON THE NOA SUBMITTED BY THE RESPONDENT TO EPA, WAS NOT REGISTERED WITH THE EPA. ON NOVEMBER 24, 2015, THE EPA COMPLETED ITS REVIEW OF THE NOA SUBMMITTED BY THE RESPONDENT AND DETERMINED THAT THE SHIPMENT OF THE UNREGISTERED PESTICIDE CLOROPHEN C WAS NOT IN COMPLIANCE WITH FIFRA. BASED ON THIS DETERMINATION, THE EPA'S COMPLETED NOA DIRECTED THE PORT DIRECTOR TO REFUSE DELIVERY OF THE SHIPMENT TO THE RESPONDENT. PURSUANT TO 19 CFR SECTION 12.114, IF THE COMPLETED EPA NOTA DIRECTS THE PORT DIRECTOR TO REFUSE DELIVERY OFTHE SHIPMENT, THE SHIPMENT SHALL BE REFUSED DELIVERY AND TREATED AS PROHIBITED IMPORTATION AND MUST EITHER BE EXPORTED BY THE CONSIGNEE OR IMPORTER OR DESTROYED. THE PORT DIRECTOR SHALL CAUSE THE DESTRUCTION OF ANY SHIPMENT REFUSED DELIVERY AND NOT EXPORTED BY THE CONSIGNEE WITHIN 90 DAYS AFTER NOTICE OF SUCH REFUSAL OF DELIVERY. BY FAILKING TO SUBMIT AN NOA PRIOR TO THE ARRIVAL OF THE PESTICIDE IN THE UNITED STATES, RESPONDENT HAS VIOLATED SECTION 12(a)(2)(N).

Defendants (2)

• WE FIX IT, LLC (SB)Named in complaintNamed in settlement
• RUBEN, ALONSO (SB)Named in complaintNamed in settlement

Facilities (1)

• WE FIX IT, LLC

  6745 2ND STREET, JUPITER, FL, 33458

  Registry ID: 110067440077

Statutes cited

• FIFRA 12A2N — Failure to File Reports

Enforcement conclusions (1)

• WE FIX IT, LLCentered 2016-05-23

  Primary law: FIFRA

  Federal penalty: $1,890

Timeline (4 milestones)

• 2016-05-23Final Order Issued
• 2016-05-23Complaint Filed/Proposed Order
• 2016-05-31Enforcement Action Data Entered
• 2016-07-21Enforcement Action Closed