EPA v. Causeway Pool and Patio

Case summary

FIFRA NOW: 11/29/2024 Causeway Pool and Patio Notice of Warning for Non-filing of Pesticide Reports Docket No.: FIFRA-04-2024-3784 The U.S. Environmental Protection Agency (EPA) has obtained evidence indicating that Causeway Pool and Patio 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 Causeway Pool and Patio 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 Causeway Pool and Patio 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)

• Causeway Pool and PatioNamed in settlement

Facilities (1)

• CAUSEWAY POOL AND PATIO, INC.

  1114 NE JENSEN BEACH BLVD, JENSEN BEACH, FL, 34957

  Registry ID: 110070515376

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• Causeway Pool and Patioentered 2024-11-29

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-11-29Final Order Issued
• 2024-11-29Enforcement Action Closed
• 2024-12-10Enforcement Action Data Entered