EPA v. All-Rite Water Conditioning

Case summary

FIFRA NOTICE OF WARNING: 7/19/2024 All-Rite Water Conditioning Notice of Warning and Notice of Intent to Terminate Establishment Registration ? Immediate Action Required Docket No.: FIFRA-04-2024-3681 Dear Daniel McIlvain: This Notice of Warning is issued to All-Rite Water Conditioning 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 All-Rite Water Conditioning 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) 82553-FL-1 2020; 2021; 2022; 2023 82553-FL-2 2020; 2021; 2022; 2023 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 2 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.

Defendants (1)

• All-Rite Water ConditioningNamed in settlement

Facilities (1)

• ALL-RITE WATER CONDITIONING

  3400 AVIATION BLVD, VERO BEACH, FL, 32960

  Registry ID: 110038260574

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• All-Rite Water Conditioningentered 2024-07-19

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-07-19Final Order Issued
• 2024-07-19Enforcement Action Closed
• 2024-09-17Enforcement Action Data Entered