EPA v. TOGA POOLS (NOTICE OF WARNING)

Case summary

SEPTEMBER 16, 2022 Notice of Warning and Notice of Intent to Terminate Establishment Registration ? Immediate Action Required Violation of Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) This Notice of Warning is issued to Toga Pools pursuant to Section 9(c)(3) of FIFRA, 7_U.S.C.l?l136g(c)(3). The U.S. Environmental Protection Agency is hereby alleging that Toga Pools violated Section 12(a)(2)(L) of FIFRA, 7_U.S.C.l?l136j(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.l?l136e(c). 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 Toga Pools 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-pesticidereport-pesticide-producing-and-device-producing-establishments.

Defendants (2)

• TOGA POOLSNamed in settlement
• SARAH STEENNamed in settlement

Facilities (1)

• TOGA POOLS

  2922 GRAND BLVD, HOLIDAY, FL, 34690

  Registry ID: 110067080580

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• TOGA POOLS (NOTICE OF WARNING)entered 2022-09-16

  Primary law: FIFRA

Timeline (3 milestones)

• 2022-09-16Enforcement Action Closed
• 2022-09-16Final Order Issued
• 2022-09-23Enforcement Action Data Entered