EPA v. A & V, INC.

Case summary

RESPONDENT SOLD/DISTRIBUTED 2 ADULTERED AND 1 OVERFORMULATED PESTICIDE PRODUCT. RESPONDENT OFFERED FOR DISTRIBUTION OR SALE AN OVER-FORMU- LATED PESTICIDE PRODUCT AND TWO ADULTERATED PESTICIDE PRODUCTS, IN VIOLATION OF SECTION 12(A)(E) OF FIFRA. U.S. EPA FILED AN ADMINISTRATIVE COMPLAINT AGAINST RESPONDENT ON AUGUST 1, 1995, PROPOSING A PENALTY OF $11,500 (THE AMOUNT IN THE COMPLAINT WAS INCORRECTLY LISTED AS $12,000). THE PARTIES DISCUSSED SETTLEMENT ON OCTOBER 12, 1995, AND REACHED SETTLEMENT. A CACO WAS FILED ON FEBRUARY 20, 1997, SETTLING THE CASE. UNDER THE SETTLEMENT, RESPONDENT PAID A CIVIL PENALTY OF $5,440. THIS MITIGATED PENALTY WAS CAL- CULATED IN ACCORDANCE WITH THE FIFRA ENFORCEMENT RESPONSE POLICY, BASED ON AN EVALUATION OF INFORMATION PROVIDED BY RESPONDENT. SPECIFICALLY, RESPONDENT PROVIDED INFORMATION THAT DEMONSTRATED THAT THE SIZE OF BUSINESS CATEGORY SHOULD HAVE BEEN A CATEGORY II AS OPPOSED TO A CATEGORY I. THIS REDUCED THE TOTAL GRAVITY-BASED PENALTY TO $12,000. IN ADDITION BECAUSE RESPONDENT HAD DISCONTINUED SALES OF THE PESTICIDES AT ISSUE, THE CULPABILITY FACTOR FOR COUNTS I AND II WERE ADJUSTED FROM 2 TO 0, WITH A CORRESPONDING 40% DOWNWARD ADJUSTMENT OF THE PENALTY FOR EACH OF THESE COUNTS; THIS RESULTED IN A PENALTY OF $2,400 FOR EACH OF THE FIRST TWO COUNTS. FOR COUNT III, THE GRAVITY VALUE FOR PESTICIDE TOXICITY WAS ALSO REDUCED FROM 2 TO 1 (CORRECTING AN EARLIER MISTAKE IN CALCULATING THE PENALTY), AND THE FACTOR OF CULPABILITY WAS ALSO REDUCED FROM 2 TO 0 BASED ON RESPONDENT'S DISCONTINUATION OF SALES OF THE PESTICIDE AT ISSUE); THIS RESULTED IN A 50% DOWNWARD ADJUSTMENT OF THE PENALTY FOR COUNT III, TO $2,000. THE RESULTING PENALTY OF $6,800 WAS REDUCED BY 20% IN CONSIDERATION OF RESPONDENT'S GOOD FAITH EFFORTS TO COMPLY WITH FIFRA AND TO RESOLVE THIS CASE. THESE MODIFICATIONS RESULTED IN A MITIGATED PENALTY OF $5,440. RESPONDENT PAID THE PENALTY, WITH INTEREST, IN ACCORDANCE WITH A PAYMENT SCHEDULE SET FORTH IN PARAGRAPH 13 OF THE CACO. THE FINAL PAYMENT WAS MADE ON FEBRUARY 2, 1998. RESPONDENT HAS COMPLIED WITH THE TERMS OF THE CACO, AND THIS CASE SHOULD BE CLOSED OUT.

Defendants (1)

• A & V, INC.Named in complaintNamed in settlement

Facilities (1)

• A AND V INC

  N62 W22632 VILLAGE DR, SUSSEX, WI, 53089

  Registry ID: 110005439463

Statutes cited

• FIFRA 12 — Fed. Insect, Fung & Rod Act

Enforcement conclusions (1)

• A & V, INC.entered 1997-02-20

  Primary law: FIFRA

  Federal penalty: $5,440

Timeline (4 milestones)

• 1995-08-01Complaint Filed/Proposed Order
• 1996-02-29Enforcement Action Data Entered
• 1997-02-20Final Order Issued
• 1998-02-02Enforcement Action Closed