EPA v. WEYLCHEM US, INC

Case summary

7/27/2020- CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $35,900. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: THE EPA ALLEGES THAT BY IMPORTING AND DISTRIBUTING THE MISBRANDED PESTICIDES AS DESCRIBED ABOVE, WEYLCHEM VIOLATED SECTION 12(a)(1)(E) OF FIFRA, 7 U.S.C. ? 136j(a)(1)(E), ON AT LEAST SIX OCCASIONS AND IS THEREFORE SUBJECT TO THE ASSESSMENT OF A CIVIL PENALTY UNDER SECTION 14(a) OF FIFRA, 7 U.S.C. ? 136l(a). SECTION 14(a) OF FIFRA, 7 U.S.C. ? 136l(a), IN CONJUNCTION WITH 40 C.F.R. PART 19, ADJUSTMENTS OF CIVIL MONETARY PENALTIES FOR INFLATION, AUTHORIZES THE ASSESSMENT OF A CIVIL PENALTY FOR VIOLATIONS OF FIFRA. SECTION 14(a)(4) OF FIFRA, 7 U.S.C. ? 136l(a)(4), REQUIRES THE EPA TO CONSIDER THE APPROPRIATENESS OF THE ASSESSED PENALTY TO THE SIZE OF BUSINESS OFWEYLCHEM, THE EFFECT ON WEYLCHEM'S ABILITY TO CONTINUE IN BUSINESS, AND THE GRAVITY OF THE VIOLATION(S). AFTER CONSIDERATION OFTHE FACTORS SET FORTH IN SECTION 14(a)(4) OF FIFRA, 7 U.S.C. ? 136l(a)(4), THE EPA PROPOSES TO ASSESS A TOTAL CIVIL PENALTY OF THIRTY-FIVE THOUSAND NINE HUNDRED DOLLARS ($35,900) AGAINST WEYLCHEM FOR THE ABOVE-DESCRIBED VIOLATIONS. CIVIL PENALTIES UNDER SECTION 14(a) OF FIFRA, 7 U.S.C. ? 136l(a), MAY BE ASSESSED BY ADMINISTRATIVE ORDER.

Defendants (1)

• WEYLCHEM US, INCNamed in complaintNamed in settlement

Facilities (2)

• WEYLCHEM US INC.

  2114 LARRY JEFFERS ROAD, ELGIN, SC, 29045

  Registry ID: 110000351930

• WEYLCHEM US INC.

  2114 LARRY JEFFERS ROAD, ELGIN, SC, 29045

  Registry ID: 110000351930

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• WEYLCHEM US, INCentered 2020-07-27

  Primary law: FIFRA

  Federal penalty: $35,900

Timeline (4 milestones)

• 2020-07-27Final Order Issued
• 2020-07-27Complaint Filed/Proposed Order
• 2020-08-06Enforcement Action Data Entered
• 2020-09-10Enforcement Action Closed