EPA v. FISHER-CALO CHEMICAL AND SOLVENTS CORP

Case summary

REFERRAL OF FISHER-CALO CHEMICAL AND SOLVENTS CORP STATUTE AND REGULATIONS - FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT, 7 U.S.C. SECTION 136L DEFENDANT - FISHER-CALO CHEMICAL AND SOLVENTS CORPORATION, 600 WEST 41ST STREET, CHICAGO, ILLINOIS 60609 VIOLATIONS - CORPORATION HAS FAILED TO PAY ANY MONTHLY INSTALLMENTS DUE ON A $9,120.00 CIVIL ADMINISTRATIVE PENALTY AGREED UPON IN A CONSENT AGREEMENT AND FINAL ORDER ENTERED IN RESOLUTION OF AN ACTION UNDER FIFRA. PROPOSED RELIEF - FILING OF A PROOF OF CLAIM IN THE PENDING FISHER-CALO BANKRUPTCY PROCEEDING IN THE AMOUNT OF $9,120 PLUS 9% INTEREST. CONTACTS WITH DEFENDANT - PAYMENT WAS REQUESTED BY LETTER ON JULY 24, 1985. ON NOVEMBER 8, 1985, A NOTICE OF CLAIM WAS SENT TO DEFENDANT'S BANKRUPTCY ATTORNEY REQUESTING THE LISTING OF THE DEBT. ON DECEMBE 5, 1985, THE EPA CASE ATTORNEY SPOKE WITH DEFENDANT'S BANKRUPTCY ATTORNEY. SIGNIFICANT MATERIAL OR PRECEDENTIAL LEGAL OR FACTUAL ISSUES - NONE. DATE OF RECEIPT OF INFORMATION WHICH LED TO DECISION TO INITIATE ENFORCEMENT PROCEEDINGS - DECEMBER 5, 1985. SIGNIFICANT ASPECTS OF THIS CASE - DEFENDANT IS IN BANKRUPT- CY PROCEEDINGS. SYSNOPSIS OF CASE: FISHER-CALO CHEMICAL AND SOLVENTS CORPORATION, AN IL- LINOIS CORPORATION, IS THE DEFENDANT IN THIS ACTION. ON MARCH 15, 1984, U.S. EPA FILED AN ADMINISTRATIVE COMPLAINT AGAINST FISHER-CALO FOR VIOLATION OF FIFRA AND ITS REGULATIONS, 40 C.F.R. PART 162, ET SEQ. THE PARTIES SETTLED THE MATTER, BUT BEFORE THE CONSENT AGREEMENT AND FINAL ORDER (CAFO) WAS SIGNED, FISHER-CALO FILED CHAPTER 11 BANKRUPTCY PROCEEDINGS IN THE BANKRUPTCY COURT IN THE NORTHERN DISTRICT OF ILLINOIS, NO. 85-B-01411. SUBSEQUENT THERETO, ON JULY 2, 1985, FISHER-CALO EXECUTED THE CAFO AND ON JULY 11, 1985, THE CAFO WAS SIGNED BY THE EPA REGIONAL ADMINISTRATOR. FISHER-CALO AGREED TO PAY A PENALTY OF $9,120.00 PAYMENTS WERE TO BE MADE ON A MONTHLY BASIS OR IN ONE SUM, BUT IF RESPONDENT DID NOT PAY THE FIRST MONTHLY INSTALLMENT, THE ENTIRE AMOUNT OF THE PENALTY BE- CAME DUE AND PAYABLE PLUS 9% INTEREST ON THE UNPAID BALANCE. ON JUY 24, 1984, EPA SENT A DUPLICATE COPY OF THE EXECUTED CAFO TO FISHER-CALO WITH A REQUEST FOR PAYMENT. TO DATE, NO PAYMENT HAS BEEN RECEIVED WITH RESPECT TO THIS PENALTY. ACCORDINGLY, THE ENTIRE PENALTY OF $9,120.00 PLUS 9% INTEREST PER ANNUM ON THE UNPAID BALANCE IS DUE AND OWING. ON NOVEMBER 8, 1985, EPA SENT A NOTICE OF THIS CLAIM TO THE LAW FIRM REPRESENTING THE DEBTOR-IN-POSSESSION AND ON DECEMBER 5, 1985, WAS ADVISED BY ONE OF THE LAWYERS IN A TELEPHONE CONVERSATION THAT EPA SHOULD FILE A PROOF OF CLAIM IN THE BANKRUPTCY PROCEEDING. THE UNITED STATES ATTORNEY IS AUTHORIZED UNDER SECTION 14(A)(5) OF FIFRA, 7 U.S.C. SECTION 136L(A)(5) TO FILE SUIT IN THE DISTRICT COURT TO RECOVER THE UNPAID PENALTY. DERIV- ATIVELY, HE IS ALSO AUTHORIZED TO FILE A CLAIM ON BEHALF OF THE U.S. EPA IN A BANKRUPTCY ACTION.

Defendants (1)

• FISHER-CALO CHEMICAL AND SOLVENTS CORPNamed in complaintNamed in settlement

Facilities (1)

• ACID PRODUCTS COMPANY INC.

  600 WEST 41ST STREET, CHICAGO, IL, 60609

  Registry ID: 110003064184

Statutes cited

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

Enforcement conclusions (1)

• FISHER-CALO CHEMICAL AND SOLVentered 1991-09-13

  Primary law: FIFRA

  Federal penalty: $9,120

Timeline (7 milestones)

• 1985-12-05Enforcement Action Data Entered
• 1985-12-24Referred To Dept Of Justice
• 1986-04-15Complaint Filed With Court
• 1991-09-13Concluded
• 1991-09-13Final Order Lodged
• 1991-09-13Final Order Entered
• 1992-06-05Enforcement Action Closed