EPA v. DEWEY CUBED, INC. DBA ACE HARDWARE OF MERRITT

Case summary

04/11/2023- FIFRA NOTICE OF WARNING ISSUED. ALLEGED VIOLATIONS: THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) HAS OBTAINED EVIDENCE INDICATING THAT DEWEY CUBED, INC. DBA ACE HARDWARE OF MERRITT APPEARS TO HAVE VIOLATED REQUIREMENTS OF THE FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT (FIFRA). THE EVIDENCE OBTAINED BY THE EPA INDICATES THAT DEWEY CUBED, INC. DBA ACE HARDWARE OF MERRITT HAS FAILED TO FILE, ONE OR MORE ANNUAL PESTICIDE REPORTS FOR PESTICIDE-PRODUCING AND DEVICE-PRODUCING ESTABLISHMENTS (EPA FORM 3540-16) FOR EPA ESTABLISHMENT# 67498-FL-1 FOR REPORTING YEARS 2029; 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)

• DEWEY CUBED, INC. DBA ACE HARDWARE OF MERRITTNamed in settlement

Facilities (1)

• MERRITT ISLAND ACE HARDWARE

  1005 N COURTENAY PKWY, MERRITT ISLAND, FL, 32953-

  Registry ID: 110020508468

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• DEWEY CUBED, INC. DBA ACE HARDWARE OF MERRITTentered 2023-04-11

  Primary law: FIFRA

Timeline (3 milestones)

• 2023-04-11Enforcement Action Closed
• 2023-04-11Final Order Issued
• 2023-04-25Enforcement Action Data Entered