EPA v. The Pool Shop

Case summary

02/22/2023: FIFRA NOTICE OF WARNING Notice of Warning and Notice of Intent to Terminate Establishment Registration ? Immediate Action Required Violation of Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) The Pool Shop Case File No.: FIFRA-04-2022-0981 This Notice of Warning is issued to The Pool Shop pursuant to Section 9(c)(3) of FIFRA, 7_U.S.C._?_136g(c)(3). The U.S. Environmental Protection Agency is hereby alleging that The Pool Shop violated Section 12(a)(2)(L) of FIFRA, 7_U.S.C._?_136j(a)(2)(L), by failing to file one or more annual Pesticide Report(s) for Pesticide-Producing and Device-Producing Establishments (EPA Form 3540-16) for one or more years and establishments, as required by Section 7(c) of FIFRA, 7_U.S.C._?_136e(c). In addition, you are hereby advised of the EPA?s intent to terminate the registration of the EPA Establishment Number(s) outlined above pursuant to 40 C.F.R. ? 167 and Section 7 of FIFRA, 7_U.S.C._?_136e. Pursuant to 40 C.F.R. ? 167.20(f), the EPA intends to terminate the registration of the establishment if The Pool Shop fails to submit the missing annual pesticide production reports within 30 calendar days from the date of this notification.

Defendants (2)

• Jose ValcarcelNamed in settlement
• The Pool ShopNamed in settlement

Facilities (1)

• THE POOL SHOP DISTRIBUTORS

  1011 EXCHANGE PL, UNIT 104, ST CLOUD, FL, 34769

  Registry ID: 110070615694

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• The Pool Shopentered 2023-02-22

  Primary law: FIFRA

Timeline (3 milestones)

• 2023-02-22Enforcement Action Closed
• 2023-02-22Final Order Issued
• 2023-03-07Enforcement Action Data Entered