EPA v. Aqua Pool & Spa Supply

Case summary

FIFRA NOW: 8/9/2024 Aqua Pool & Spa Supply Notice of Warning and Notice of Intent to Terminate Establishment Registration ? Immediate Action Required Docket No.: FIFRA-04-2024-3701 This Notice of Warning is issued to Aqua Pool & Spa Supply 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 Aqua Pool & Spa Supply 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: 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 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 2 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)

• Aqua Pool & Spa SupplyNamed in settlement

Facilities (1)

• AQUA POOL & SPA SUPPLY

  8911 DANIELS PARK #3, FORT MYERS, FL, 33912

  Registry ID: 110038283158

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• Aqua Pool & Spa Supplyentered 2024-08-09

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-08-09Enforcement Action Closed
• 2024-08-09Final Order Issued
• 2024-12-03Enforcement Action Data Entered