EPA v. BACKYARD POOL & SPA, INC

Case summary

04/11/2023- FIFRA NOTICE OF WARNING ISSUED. ALLEGED VIOLATIONS: THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) HAS OBTAINED EVIDENCE INDICATING THAT BACKYARD POOL & SPA, INC. APPEARS TO HAVE VIOLATED REQUIREMENTS OF THE FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT (FIFRA). THE EVIDENCE OBTAINED BY THE EPA INDICATES THAT BACKYARD POOL & SPA, INC. HAS FAILED TO FILE, ONE OR MORE ANNUAL PESTICIDE REPORTS FOR PESTICIDE-PRODUCING AND DEVICE-PRODUCING ESTABLISHMENTS (EPA FORM 3540-16) FOR EPA ESTABLISHMENT# 54737-FL-1 FOR REPORTING YEARS 2020; 2021. PURSUANT TO SECTION 7(C) OF FIFRA, 7_U.S.C._?_136E(C), AND REGULATIONS PROMULGATED THEREUNDER AT 40 C.F.R. ? 167.85(D), A PESTICIDE PRODUCER OPERATING AN ESTABLISHMENT MUST SUBMIT AN INITIAL REPORT NO LATER THAN 30 DAYS AFTER THE FIRST REGISTRATION OF EACH ESTABLISHMENT THE PRODUCER OPERATES. THEREAFTER, THE PRODUCER MUST SUBMIT AN ANNUAL REPORT ON OR BEFORE MARCH 1 OF EACH YEAR, EVEN IF THE PRODUCER HAS PRODUCED NO PESTICIDAL PRODUCT FOR THAT REPORTING YEAR. PURSUANT TO SECTION 12(A)(2)(L) OF FIFRA, 7_U.S.C._?_136J(A)(2)(L), IT SHALL BE UNLAWFUL FOR ANY PERSON WHO IS A PRODUCER TO VIOLATE ANY OF THE PROVISIONS OF SECTION 7 OF FIFRA.

Defendants (1)

• BACKYARD POOL & SPA, INCNamed in settlement

Facilities (1)

• BACKYARD POOL & SPA INC

  20359 E PENNSYLVANIA AVE, DUNNELLON, FL, 34432

  Registry ID: 110038251708

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• BACKYARD POOL & SPA, INCentered 2023-04-11

  Primary law: FIFRA

Timeline (3 milestones)

• 2023-04-11Final Order Issued
• 2023-04-11Enforcement Action Closed
• 2023-04-24Enforcement Action Data Entered