EPA v. REABE SPRAYING SERVICE, INC.

Case summary

NATURE OF THE CASE AN ADMINISTRATIVE COMPLAINT AND NOTICE OR OPPORTUNITY FOR HEARING WAS SERVED ON REABE SPRAYING SERVICE, INC., ON FEBRUARY 16, 1981. THE COMPLAINT CHARGED SIX COUNTS OF VIO- LATING SECTION 12(A)(2)(G) OF FIFRA, USE OF A REGISTERED PESTICIDE IN A MANNER INCONSISTENT WITH ITS LABELLING. REABE SPRAYED A PESTICIDE MIXTURE OF AQUA 8 PARATHION, KOCIDE 101, AND SEVIN SPRAYALE CARBARYL INSECTICIDE IN AN AERIAL APPLICATION TO A BEAN FIELD LOCATED ADJACENT TO THE BIRD'S NEST DAY CARE CENTER. THE APPLICATION WAS CONDUCTED IN A MANNER INCONSISTENT WITH THE PESTICIDE LABELLING PRO- VISIONS. ADMINISTRATIVE LAW JUDGE GERALD HOWARD RENDERED A DE- CISION ON APRIL 30, 1982, THAT (ALJ) DISMISSED FIVE COUNTS IN THE COMPLAINT, AND FOUND ONE VIOLATION OF THE LABELLING PROVISIONS. SPECIFICALLY, THE JUDGE FOUND AGAINST REABE FOR FAILURE TO NOTIFY THE DAY CARE CENTER BEFORE SPRAYING THE PESTICIDE AND, SINCE NO ACTUAL HARM TO THE CHILDREN OCCUR- RED, ASSESSED A $600 PENALTY. ACCORDING TO THE TERMS OF THE DECISION, THE RESPONDENT WAS REQUIRED TO PAY THE AS- SESSED PENALTY WITHIN SIXTY DAYS OF SERVICE OF THE FINAL ORDER (APPROXIMATELY JUNE 2, 1982). THE COMPANY APPEALED THIS DECISION AFTER THE DEADLINE FOR APPEAL HAD EXPIRED. SUBSEQUENTLY, THE JUDICIAL OFFICER AFFIRMED THE ALJ'S INITIAL DECISION AND IMPOSITION OF THE CIVIL PENALTY. THE PENALTY HAS BEEN DUE AND PAYABLE SINCE FEBRUARY 16, 1983; SIXTY DAYS FROM THE DATE OF THE FINAL DEC ISION OF THE JUDICIAL OFFICER. RESPONDENT HAS FAILED TO TENDERR PAYMENT OF THE $600 CIVIL PENALTY, DESPITE NUMEROUS ATTEMPTS BY THE REGION TO OBTAIN PAYMENT. CAUSE OF ACTION THIS IS A CIVIL ACTION TO RECOVER AN ADMINISTRATIVE PENALTY ASSESSED PURSUANT TO SECTION 14(A)(1) OF FIFRA FOR A VIOLATION OF SECTION 12(A)(G) OF THE ACT. DESPITE REPEAT- ED ATTEMPTS TO COLLECT THE ASSESSED CIVIL PENALTY, RESPONDEN T HAS NOT TENDERED THE PAYMENT. IN SITUATION LIKE THIS, THE AGENCY IS AUTHORIZED BY SECTION 14(A)(5) OF FIFRA TO REFER CASES TO THE ATTORNEY GENERAL FOR RECOVERY OF THE ASSESSED CIVIL PENALTY. PROPOSED REMEDY SINCE REABE SPRAYING SERVICE HAS FAILED RESPOND TO RE- QUESTS FOR PAYMENT OF THE ADMINISTRATIVE CIVIL PENALTY, THE APPROPRIATE REMEDY IN THIS CASE WOULD BE TO ORDER THE RES- PONDENT TO PAY THE FULL AMOUNT, AS WELL AS ANY INTEREST IN- CURRED AND COURT COSTS.

Defendants (1)

• REABE SPRAYING SERVICE,INC.Named in complaintNamed in settlement

Facilities (1)

• REABE SPRAYING SERVICE INC

  ROUTE 1, WAUPUN, WI, 53963

  Registry ID: 110010735641

Statutes cited

• FIFRA 14A — Fed. Insect, Fung & Rod Act

Enforcement conclusions (1)

• REABE SPRAYING SERVICE, INC.entered 1984-11-09

  Primary law: FIFRA

  Federal penalty: $635

Timeline (8 milestones)

• 1984-07-03Referred To Headquarters
• 1984-08-02Referred To Dept Of Justice
• 1984-09-18Referred TO U.S. Attorney
• 1984-09-25Complaint Filed With Court
• 1984-11-09Final Order Lodged
• 1984-11-09Final Order Entered
• 1984-11-09Concluded
• 1984-11-09Enforcement Action Closed