EPA v. ZURN INDUSTRIES, LLC

Case summary

12/17/2020- CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $202,853. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: ON OR ABOUT MARCH 28, 2016 AND APRIL 1, 2016, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT?S FACILITY LOCATED AT 5900 ELWIN BUCHANAN DRIVE, SANFORD, NORTH CAROLINA 27330. AT THE TIME OF THE INSPECTION, THE INSPECTOR COLLECTED PRODUCT LABELS AND OTHER PRODUCT INFORMATION, INCLUDING BROCHURES, FOR 18 PRODUCTS THAT AT THE TIME OF THE INSPECTION, THE PRODUCT LABELS FOR THE PRODUCTS IDENTIFIED INCLUDED ALLEGED PESTICIDAL CLAIMS. EVIDENCE OF DISTRIBUTION OR SALE OF THE ALLEGEDLY UNREGISTERED PESTICIDE PRODUCTS IDENTIFIED, CONSISTING OF INVOICES AND PRODUCT BROCHURE, WAS COLLECTED AT THE TIME OF INSPECTION. FOLLOWING RECEIPT OF THE EPA?S OPPORTUNITY TO SHOW CAUSE LETTER, DATED FEBRUARY 20, 2020, THE RESPONDENT VOLUNTARILY REMOVED THE ALLEGED PESTICIDAL CLAIMS FROM THE PRODUCT LABELS, AND THE BROCHURE AND SPECIFICATION SHEETS LINKED TO ITS WEBSITE. EPA ALLEGES THAT: 21. UNDER SECTION 12(A)(1)(A) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(A), IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER SECTION 3 OF FIFRA. 22. THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(1)(A) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(A), ON AT LEAST 91 OCCASIONS BY DISTRIBUTING OR SELLING UNREGISTERED PESTICIDES AND IS THEREFORE SUBJECT TO THE ASSESSMENT OF CIVIL PENALTIES UNDER SECTION 14 OF FIFRA, 7 U.S.C. ? 136L. 23. 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.

Defendants (1)

• ZURN INDUSTRIES, LLCNamed in complaintNamed in settlement

Facilities (1)

• ZURN INDUSTRIES, LLC

  5900 ELWIN BUCHANAN DRIVE, SANFORD, NC, 27330

  Registry ID: 110070890644

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• ZURN INDUSTRIES, LLCentered 2020-12-17

  Primary law: FIFRA

  Federal penalty: $202,853

Timeline (4 milestones)

• 2020-12-17Final Order Issued
• 2020-12-17Complaint Filed/Proposed Order
• 2021-01-04Enforcement Action Closed
• 2021-01-08Enforcement Action Data Entered