EPA v. EXSTEREX, INC.

Case summary

INFO REGARDING DEFENDANT: * EXSTEREX, INC. (DEFENDANT), IS A CORPORATION THAT WAS ORGAN- IZED UNDER THE LAWS OF THE STATE OF TEXAS IN 1982, PRIMARILY TO SELL A PRODUCT DESIGNED TO CONTROL AND ELIMINATE ROACHES CALLED 'BUG DRUG'. THE DEFENDANT IS NOT REPRESENTED BY COUNSEL. * SYNOPSIS OF THE CASE: ON OCT 25, 1984, EPA ISSUED A COMPLAINT AGAINST EXSTEREX ALLEGING VIOLATIONS PURSUANT TO SECTION 12(A) OF FIFRA, 7 USC 136(J)(A). EPA PROPOSED A PENALTY OF $6,805. ON AUG 23, 1985, AN ACCELERATED DECISION WAS RENDERED BY THE ALJ, IMPOSING A $500 PENALTY AGAINST EXSTEREX FOR VIOLATIONS UNDER SECTION 12 OF FIFRA. THE DEFENDANT APPEALED THIS DECISION. ON DEC 13, 1985, A FINAL DECISION WAS RENDERED BY THE HONORABLE RONALD L. MCCALLUM, CHIEF JUDICIAL OFFICER, THAT UPHELD THE ADJUSTED PENALTY OF $500. AGAINST THE DEFENDANT. ON MARCH 11, 1986, JUDGE MCCALLUM NOTIFIED THE DEFENDANT BY LETTER THAT THE FINAL DECISION ISSUED ON DEC 13, 1985, REMAINED EFFECTIVE, AND THAT THE DEFENDANT WAS GIVEN 60 DAYS FROM FEB 18, 1986, TO PAY THE $500 PENALTY. A FINAL DEMAND FOR PAYMENT OF CIVIL PENALTY WAS SENT BY EPA REGION VI, ON SEPTEMBER 1, 1988. TO DATE, THE DEFENDANT HAS NOT PAID ANY PENALTY. * ENFORCMENT HISTORY OF DEFENDANT: ON OCTOBER 25, 1984, EPA REGION VI FILE AN ADMIN COMPLAINT AGAINST EXSTEREX FOR ALLEGED VIOLATIONS OF SECTION 12(A) OF THE FIFRA, 7 USC 136J(A). * ON NOV 16, 1984, THE DEF FILED A MOTION FOR AN EXTENSION TO ANSWER, WHICH WAS GRANTED ON NOV 21, 1984. AN ANSWER TO THE COMPLAINT WAS FILED BY THE DEFENDANT ON DEC 17, 1984, WHICH INCLUDED A REQUEST FOR A HEARING. AN ORDER OF DESIGNATION FOR AN ALJ WAS FILED ON JAN 7, 1985. * DUE TO THE INABILITY OF THE EPA AND THE DEFENDANT TO NEGOTI- ATE A SETTLEMENT, A PREHEARING EXCHANGE WAS SCHEDULED FOR FEB 10, 1985, WITH RESPONSES DUE ON FEB 20, 1985.

Defendants (1)

• EXSTEREX, INC.Named in complaintNamed in settlement

Facilities (1)

• EXSTEREX INC

  334 ELECTRA, HOUSTON, TX, 77279

  Registry ID: 110010594561

Statutes cited

• FIFRA 12 — Fed. Insect, Fung & Rod Act
• FIFRA 14 — Fed. Insect, Fung & Rod Act

Enforcement conclusions (1)

• EXSTEREX, INC.entered 1989-03-29

  Primary law: FIFRA

  Federal penalty: $500

Timeline (6 milestones)

• 1988-09-30Referred To Dept Of Justice
• 1988-12-30Complaint Filed With Court
• 1989-03-29Final Order Lodged
• 1989-03-29Final Order Entered
• 1989-03-29Concluded
• 1990-01-25Enforcement Action Closed