EPA v. JACKS MANUFACTURING COMPANY

Case summary

REFERRAL OF JACKS MANUFACTURING COMPANY STATUTE AND REGULATIONS - SECTION 14(A)(5) FIFRA, 7 U.S.C. SECTION 136L DEFENDANT - JACKS MANUFACTURING COMPANY, P.O. BOX H, MENDOTA, MINNESOTA 55150 VIOLATION - FAILURE TO PAY A CIVIL PENALTY AS ORDERED BY THE REGIONAL ADMINISTRATOR. PROPOSED RELIEF - PAYMENT OF THE AMOUNT OF THE MITIGATED PENALTY PLUS INTEREST - COSTS OF THE COLLECTION ACTION AND ATTOR- NEY FEES CONTACTS WITH DEFENDANTS - SEVERAL PHONE CALLS HAVE BEEN MADE IN CONNECTION WITH DISCOVERING THE REASON FOR FAILURE TO PAY THE PENALTY AS AGREED BY DEFENDANT. A LETTER DE- MANDING PAYMENT HAS ALSO BEEN SENT. NO RESPONSE HAS BEEN RECEIVED FROM THE DEFENDANT. SIGNIFICANT NATIONAL OR PRECEDENTIAL LEGAL OR FACTUAL ISSUES - NONE. DATE OF RECEIPT OF INFORMATION WHICH LED TO DECISION TO INITIATE COLLECTION ACTION - DECEMBER 26, 1985. SIGNIFICANT ASPECTS OF THIS CASE - CASE SHOULD BE SETTLED. IF NOT CASE WILL PROBABLY BE RESOLVED BY SUMMARY JUDGMENT. SYNOPSIS OF CASE: JACKS MANUFACTURING COMPANY, A MINNESOTA CORPORATION, IS THE DEFENDANT IN THIS ACTION. ON FEBRUARY 3, 1984, U.S. EPA FILED AN ADMINISTRATIVE COMPLAINT AGAINST JACKS FOR VIOLATING FIFRA AND ITS REGULA- TIONS. 40 C.F.R. PART 162, ET SEQ. THE PARTIES SETTLED THE MATTER AND SIGNED A CONSENT AGREEMENT, CONCLUSION OF LAW, AND FINAL ORDER, WHICH WAS ENTERED ON MARCH 12, 1985. JACKS AGREED TO MAKE A PAYMENT OF $2,000 IN 12 MONTHLY INSTALLMENTS WITH AN INTEREST RATE CALCULATED AT 9% ON THE UNPAID BALANCE. JACKS HAS FAILED TO MAKE ANY OF THE INSTALLMENT PAYMENTS. 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.

Defendants (1)

• JACKS MANUFACTURING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• JACKS MFG CO

  B ST, MENDOTA, MN, 55150

  Registry ID: 110010736329

Statutes cited

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

Enforcement conclusions (1)

• JACKS MANUFACTURING COMPANYentered 1987-03-25

  Primary law: FIFRA

  Federal penalty: $2,000

Timeline (8 milestones)

• 1985-12-26Enforcement Action Data Entered
• 1985-12-31Referred To Dept Of Justice
• 1986-03-27Referred TO U.S. Attorney
• 1986-04-02Complaint Filed With Court
• 1987-03-25Final Order Lodged
• 1987-03-25Final Order Entered
• 1987-03-25Concluded
• 1987-03-25Enforcement Action Closed