EPA v. ACE HARDWARE OF DELTONA

Case summary

4/11/2023 - FIFRA NOTICE OF WARNING ISSUED. ALLEGED VIOLATIONS: THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) HAS OBTAINED EVIDENCE INDICATING THAT ACE HARDWARE OF DELTONA APPEARS TO HAVE VIOLATED REQUIREMENTS OF THE FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT (FIFRA). THE EVIDENCE OBTAINED BY THE EPA INDICATES THAT ACE HARDWARE OF DELTONA HAS FAILED TO FILE ANNUAL PESTICIDE REPORTS FOR PESTICIDE-PRODUCING AND DEVICE-PRODUCING ESTABLISHMENTS (EPA FORM 3540-16) FOR EPA ESTABLISHMENT# 79726-FL-1 FOR REPORTING YEARS 2019; 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)

• ACE HARDWARE OF DELTONANamed in settlement

Facilities (1)

• ACE HARDWARE OF DELTONA

  2840 ELKCAM BLVD, DELTONA, FL, 32738

  Registry ID: 110038260752

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• ACE HARDWARE OF DELTONAentered 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