EPA v. ALLERGY ASTHMA TECHNOLOGY, INC.

Case summary

RESPONDENT SOLD THREE (3) UNREGISTERED PESTICIDES, AND PRO- DUCED TWO PESTICIDES IN AN UNREGISTERED ESTABLISHMENT. A PRE-FILING NOTICE WAS SENT TO RESPONDENT ON APRIL 8, 1999. SETTLEMENT DISCUSSIONS TOOK PLACE ON APRIL 14, 1999. AVAILABLE INFORMATION DEMONSTRATED THAT THE VIOLATIONS WERE NEITHER WILLFUL NOR KNOWING, AND THAT RESPONDENT INITIATED STEPS TO CORRECT THE VILATIONS AFTER BEING NOTIFIED OF THEM. IN ADDITION, THERE WAS NO EVIDENCE OF ENVIRONMENTAL HARM. THE PENALTY HAD BEEN ORIGINALLY CALCULATED AT $13,750. ON THE BASIS OF PRIOR ALJ DECISIONS ON PENALTIES IN SIMILAR CASES, THE PENALTY WAS REDUCED FOR LITIGATION RISKS TO $10,250. APPLYING A 20% REDUCTION FOR GOOD FAITH, A SETTLE- MENT AMOUNT OF $8,200 WAS OFFERED AND ACCEPTED. THE COMPLAINT AND CAFO WERE FILED SIMULTANEOUSLY ON NOVEMBER 17, 1999. THE RESPONDENT PAID THE FIRST OF TWO INSTALLMENTS OF THE PENALTY ON JANUARY 13, 1999. RESPONDENT HAS COMPLIED WITH ALL TERMS OF THE CAFO. THIS CASE SHOULD BE CLOSED OUT. THANKS.

Defendants (1)

• ALLERGY ASTHMA TECHNOLOGY, INC.Named in complaintNamed in settlement

Facilities (1)

• ALLERGY ASTHMA TECHNOLOGY LTD.

  8224 LEHIGH AVE, MORTON GROVE, IL, 600535961

  Registry ID: 110010791170

Statutes cited

• FIFRA 12A2L — Establishment Registration
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• ALLERGY ASTHMA TECHNLOGYentered 1999-11-17

  Primary law: FIFRA

  Federal penalty: $8,200

Timeline (4 milestones)

• 1999-11-17Complaint Filed/Proposed Order
• 1999-11-17Final Order Issued
• 1999-12-13Enforcement Action Data Entered
• 2000-08-29Enforcement Action Closed