EPA v. PETSMART, INCORPORATED

Case summary

THE LOCATION WHERE THIS VIOLATION OCCURRED WAS AT THEIR RETAIL STORE, LOCATED AT 2544 CROSSING CIRCLE, TRAVERSE CITY, MICHIGAN 49686. RESPONDENT WAS ISSUED A NOTICE OF WARNING ON APRIL 5, 2000. TO DATE, RESPONDENT HAS NOT REPLIED. PETSMART STORES AT TWO LOCATIONS SOLD OR DISTRIBUTED UNREG- ISTERED PESTICIDES ON SEVERAL OCCASSIONS. ADDITIONALLY, A PETSMART DISTRIBUTION CENTER FAILED TO SUBMIT RECORDS FOR THE SHIPMENT OF PESTICIDAL PRODUCTS. U.S. EPA INSPECTIONS AT TWO OF PETSMART LOCATIONS REVEALED THAT PETSMART SOLD OR DISTRIBUTED UNREGISTERED PESTICIDES AT THOSE LOCATIONS. ADDITIONALLY, PETSMART FAO;ED TP SUB- MIT REQUESTED RECORDS RELATING TO THE SHIPMENT OF PESTICIDAL PRODUCTS. THE COMPLAINT SOUGHT A $44,550 CIVIL PENALTY. THE CONSENT AGREEMENT AND FINAL ORDER RESOLVED THE ALLEGED VIOLATIONS WITH A SETTLEMENT FOR A CIVIL PENALTY OF $42,322.50 AND A SIGNED CERTIFICATION FROM PETSMART THAT IT HAS IMPLEMENTED EMPLOYEE TRAINING AND A POLICY DESIGNED TO ASSURE THAT IT IS IN COMPLIANCE WITH FIFRA REGULATIONS. THE SETTLEMENT PENALTY WAS REDUCED BY 5% FROM THE AMOUNT IN THE COMPLAINT BASED ON PETSMART'S GOOD FAITH. THE CAFO WAS FILED ON MARCH 1, 2002. THE PENALTY WAS TIMELY SUB- MITTED ON MARCH 29, 2002, AND THE CERTIFICATION OF IMPLE- MENTATION OF EMPLOYEE TRAINING AND A COPY OF PETSMART'S POLICY WERE SUBMITTED ON APRIL 24, 2002. THIS CASE IS CLOSED.

Defendants (1)

• PETSMART, INCORPORATEDNamed in complaintNamed in settlement

Facilities (1)

• PETSMART, INC

  2544 CROSSING CIRCLE, TRAVERSE CITY, MI, 496869005

  Registry ID: 110010643508

Statutes cited

• FIFRA 12A2B — Refuse Records, Reports, Entry
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• PETSMART, INCORPORATEDentered 2002-03-01

  Primary law: FIFRA

  Federal penalty: $42,323

Timeline (4 milestones)

• 2000-05-25Enforcement Action Data Entered
• 2001-09-26Complaint Filed/Proposed Order
• 2002-03-01Final Order Issued
• 2002-04-24Enforcement Action Closed