EPA v. ROBAINA POOL INC. DBA FREDDY'S POOL SUPPLY

Case summary

11/21/2024 - NOTICE OF WARNING ISSUED. THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) HAS OBTAINED EVIDENCE INDICATING THAT ROBAINA POOL INC. DBA FREDDY'S POOL SUPPLY 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 ROBAINA POOL INC. DBA FREDDY'S POOL SUPPLY 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: EPA ESTABLISHMENT NUMBER: 61523-FL-1 AND 61523-FL-2; REPORTING YEARS: 2021; 2022; 2023. 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 ROBAINA POOL INC. DBA FREDDY'S POOL SUPPLY PURSUANT TO FIFRA SECTION 9(C)(3), 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)

• ROBAINA POOL INC. DBA FREDDY'S POOL SUPPLYNamed in settlement

Facilities (1)

• ROBAINA POOL INC DBA FREDDY'S POOL SUPPLY

  2048 SW 57TH AVE, MIAMI, FL, 33155

  Registry ID: 110038276335

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• ROBAINA POOL INC. DBA FREDDY'S POOL SUPPLYentered 2024-11-21

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-11-21Final Order Issued
• 2024-11-21Enforcement Action Closed
• 2024-12-05Enforcement Action Data Entered