EPA v. WEST MELBOURNE ACE HARDWARE, INC.

Case summary

AUGUST 9, 2022 - Notice of Warning and Notice of Intent to Terminate Establishment Registration ? Immediate Action Required Violation of Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) West Melbourne Ace Hardware, Inc. Case File No.: FIFRA-04-2022-1032 This Notice of Warning is issued to West Melbourne Ace Hardware, Inc. 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 West Melbourne Ace Hardware, Inc. 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). The annual reports identified as missing are as follows: EPA Establishment Number Reporting Year(s) 66805-FL-3 2017; 2018; 2019; 2020; 2021 Pursuant to 40 C.F.R. ? 167.85(d), producers operating an active establishment must submit an annual report on or before March 1, of each year covering production during the previous calendar year (the reporting year), even if no pesticide product or device was produced at the establishment for that reporting year. Pursuant to Section 14 of FIFRA, 7 U.S.C. 136l, and 40 C.F.R. Part 19, failure to comply with this reporting requirement may subject your producing establishment to an administrative civil penalty. The EPA has determined, at this time, that a Notice of Warning is the appropriate enforcement response for your company?s apparent violation of FIFRA. Should additional information related to FIFRA compliance come to light, the EPA may initiate a more formal enforcement action which could include the filing of a complaint and the assessment of a civil penalty as authorized by Section 14 of FIFRA, 7 U.S.C. 136l. Notice of Intent to Terminate Establishment Registration 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. ? 167.3 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 West Melbourne Ace Hardware, Inc. fails to submit the missing annual pesticide production reports within 30 calendar days from the date of this notification. A copy of the current reporting form and instructions can be found at the following webpage: https://www.epa.gov/compliance/epa-form-3540-16-pesticide-report-pesticide-producing-and-device-producing-establishments. You may use the current form for past calendar years by crossing out the year found at the bottom of the form and writing in the correct year.

Defendants (2)

• KEVIN PARKERNamed in settlement
• WEST MELBOURNE ACE HARDWARE, INC.Named in settlement

Facilities (1)

• WEST MELBOURNE ACE HARDWARE, INC.

  3221 WEST NEW HAVEN AVENUE, WEST MELBOURNE, FL, 32904

  Registry ID: 110038278814

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• WEST MELBOURNE ACE HARDWARE, INC.entered 2022-08-09

  Primary law: FIFRA

Timeline (3 milestones)

• 2022-08-09Final Order Issued
• 2022-08-09Enforcement Action Closed
• 2022-09-07Enforcement Action Data Entered