EPA v. Hialeah Pool Service Inc.

Case summary

FIFRA NOW: 11/20/2024 Hialeah Pool Service Inc. Notice of Warning for Non-filing of Pesticide Reports Docket No.: FIFRA-04-2024-3551 The U.S. Environmental Protection Agency (EPA) has obtained evidence indicating that Hialeah Pool Service Inc. appears to have violated requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). 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. The evidence obtained by the EPA indicates that Hialeah Pool Service Inc. has failed to file, one or more annual Pesticide Reports for Pesticide-Producing and Device-Producing Establishments (EPA Form 3540- 16) for one or more years and establishments. The annual reports identified as missing are as follows: In response to the apparent violation of Section 7(c) of FIFRA and 40 C.F.R. ? 167.85(d), the EPA is issuing this Notice of Warning (NOW) to Hialeah Pool Service Inc. pursuant to FIFRA Section 9(c)(3), 2 7_U.S.C._?_136g(c)(3). The EPA has determined, at this time, that a NOW is the appropriate enforcement response for your company?s apparent violation of FIFRA.

Defendants (1)

• Hialeah Pool Service Inc.Named in settlement

Facilities (1)

• HIALEAH POOL SERVICE INC

  27 E 44TH ST, HIALEAH, FL, 33013

  Registry ID: 110023162904

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• Hialeah Pool Service Inc.entered 2024-11-20

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-11-20Enforcement Action Closed
• 2024-11-20Final Order Issued
• 2024-12-03Enforcement Action Data Entered