EPA v. MOLE-MED

Case summary

VIOLATION FAILURE TO PAY PENALTY SET FORTH IN DEFAULT JUDGMENT DETECTED ON DATE PAYMENT DUE (60 DAYS AFTER FINAL ORDER ISSUED). THE USEPA IS REFERRING THIS ACTION FOR FILING A COLLECTION CLIAM AGAINS MOLE-MED TO COLLECT A PENALTY FOR VIOLATIONS OF SECTION 14(A) OF THE FIFRA. MOLE-MED IS A SOLE PROPRIETORSHIP WHICH HAS A PLACE OF BUSINESS AT 622 ARCH ST. STE3, LAWRENCEBURG, IN. ON 7/31/91, USEPA, REGION V, FILED AN ADMINISTRATIVE COMPLAINT AND NOTICE OF OPPORTUNITY FOR HEARING, PURSUANT TO SECTION 14(A) OF FIFRA, ALLEGING MOLE-MED HAS DISTRIBUTED AND SOLD A PESTICIDE PRODUCT WHICH WAS UNREGISTERED AND MISBRANDED AND THAT MOLE-MED PRODUCED WUCH PESTICIDE IN AN ESTABLISHMENT WHICH WAS UNREGISTERED. USEPA'S ADM COMPLAINT PROPOSED A CIVIL PENALTY OF $39,300 FOR MOLE-MED'S VIOLATIONS OF FIFRA. RESPONDENT HAS NOT FILED AN ANSWER. INSTEAD, ON 8/20/91, RESPONDENT FILED A RESPONSE INDICATING THAT, BECAUSE ITS ATTONREY HAD NOT HAD A CHANCE TO INVESTIGATE THE FACTUAL ACCURACY OF THE ALLEGATIONS, IT DENIED ALL ALLEGATIONS IN THE COMPLAINT. IN A DEFAULT ORDER ENTERED 4/23/92, ADM LAW JUDGE J.F. GREENE HELD THAT THE RESPONSE FILED BY THE RESPONDENT DID NOT CONSTITUTE AN ANSWER, PURSUANT TO SECTION 22.15 OF THE CONSOLIDATED RULES OF PRACTICE. BECAUSE OF THE FAILURE OF THE RESPONDENT TO FILE AN ANSWER, A MOTION FOR DEFAUL WAS GRANTED ON 4/23/92, AND THE PROPOSED PENALTY OF $33,300 WAS IMPOSED AGAINST MOLE-MED IN ACCORDANCW WITH SECTION 1361(A)(1) OF FIFRA. THIS PENALTY ASSESSMENT WAS BASED ON THE NATURE, CIRCUMSTANCES, EXTENT AND GRAVITY OF THE VIOLATIONS, RESPONDENT'S PRIOR HISTORY OF NON-COMPLIANCE, DEGREE OF CULPABILITY, ECONOMIC BENEFIT OR SAVINGS RESULTING FROM THE VIOLATIONS, ABILITY TO PAY, AND OTHER MATTERS AS JUSTICE REQUIRED IN ACCORDANCE WITH THE GUIDELINES SET FORTH IN THE ENFORCEMENT RESPONSE POLICY FOR FIFRA. THE DEFAULT ORDER OF JUDGE GREENE BECAME A FINAL ORDER OF THE ADMINISTRATOR 45 DAYS AFTER IT WAS SERVED UPON THE PARTIES, THUS REQUIRING MOLE-MED TO PAY THE ENTIRE PROPOSED PENALTY OF $39,300, PURSUANT TO 40 CFR SECTION 22.17(A), W/I 60 DAYS FROM DATE ON WHICH THE FINAL ORDER WAS ISSUED.

Defendants (1)

• MOLE-MEDNamed in complaintNamed in settlement

Facilities (1)

• MOLE MED

  218 2ND ST, AURORA, IN, 470011302

  Registry ID: 110010723716

Statutes cited

• FIFRA 7 — Registration of Establishments

Enforcement conclusions (1)

• MOLE-MEDentered 1995-06-30

  Primary law: FIFRA

  Federal penalty: $39,300

Timeline (7 milestones)

• 1992-06-17Enforcement Action Data Entered
• 1992-09-18Referred To Dept Of Justice
• 1994-09-30Complaint Filed With Court
• 1995-06-30Final Order Lodged
• 1995-06-30Final Order Entered
• 1995-06-30Concluded
• 1997-09-29Enforcement Action Closed