EPA v. Harvey Fertilizer & Gas Company

Case summary

FIFRA NOW: 11/20/2024 Harvey Fertilizer & Gas Company Notice of Warning for Non-filing of Pesticide Reports Docket No.: FIFRA-04-2024-3596 The U.S. Environmental Protection Agency (EPA) has obtained evidence indicating that Harvey Fertilizer & Gas Company 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 Harvey Fertilizer & Gas Company 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 Harvey Fertilizer & Gas Company 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. We recommend that you file annual reports on or before March 1 of each year in order to comply with Section 7(c) of FIFRA and 40 C.F.R. ? 167.85(d). Please be advised that failure to comply with this reporting requirement in the future may result in the EPA initiating a more formal enforcement action which could include the assessment of a civil penalty.

Defendants (1)

• Harvey Fertilizer & Gas CompanyNamed in settlement

Facilities (1)

• HARVEY FERTILIZER & GAS CO

  1291 HWY 258 N, KINSTON, NC, 28504

  Registry ID: 110038270750

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• Harvey Fertilizer & Gas Companyentered 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