EPA v. REK-CHEM MANUFACTURING CO. (AKA REK INDUSTRIES CORP.)

Case summary

1. SECTION 14(A)(5) OF THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT ( FIFRA ), 7 U.S.C. SEC. 1361 (A)(5). 2. REK INDUSTRIES CORPORATION 108 DALE SE ALBUQUERQUE, NEW MEXICO 87102 DR. RALPH KROLIK PRESIDENT, DIRECTOR, AND SOLE SHAREHOLDER REK INDUSTRIES CORPORATION 1101 EL ALHAMBRA CIRCLE, NW LOS RANCHOS DE ALBUQUERQUE, NEW MEXICO 87107 3. ON MAR. 23, 1989, EPA FILED A COMPLAINT AGAINST REK AL- LEGING VIOLATIONS ON FOUR COUNTS PURSUANT TO SECTION 12 (A) OF FIFRA, AS AMENDED, 7 U.S.C. SEC. 136J(A). EPA PRO- POSED A PENALTY OF $14,400. ON MAY 10, 1993, AN INITIAL DECISION WAS ENTERED BY CHIEF ADMINISTRATIVE LAW JUDGE HENRY B. FRAZIER, III, IMPOSING A $12,996 PENALTY AGAINST REK INDUSTRIES FOR VIOLATIONS UNDER SECTION 12 OF FIFRA. THIS INITIAL DECISION BECAME A FINAL ORDER ON JUL. 6, PURSUANT TO 40 C.F.R. SEC. 22.27(C), WHICH PROVIDES THAT AN INITIAL ORDER SHALL BECOME A FINAL ORDER OF THE EN- VIRONMENTAL APPEALS BOARD (EAB) WITHIN 45 DAYS AFTER SER- VICE UPON PARTIES UNLESS AN APPEAL TO THE EAB IS TAKEN OR THE EAB ELECTS TO REVIEW THE INITIAL DECISION UPON ITS OWN MOTION. PURSUANT TO 40 C.F.R. SEC. 22.30(A)(1), ANY PARTY MAY APPEAL AN ADVERSE RULING WITHIN 20 DAYS AFTER NOTICE OF THE INITIAL DECISION. 40 C.F.R. SEC. 22.07(C) PROVIDES THAT SERVICE BY MAIL SHALL ENTITLE A PARTY TO 5 ADDITIONAL DAYS IN WHICH TO FILE AN APPEAL. THE DEFENDANT FILED AN UNTIMELY APPEAL, AND AUG. 2, 1993, AN ORDER DIS- MISSING APPEAL WAS ENTERED BY ENVIRONMENTAL APPEALS JUDGE NANCY B. FIRESTONE. A FINAL DEMAND FOR PAYMENT WAS SENT BY EPA REGION 6 ON JUN. 12, 1995. TO DATE, THE DEFENDANT HAS NOT PAID THE PENALTY. 4. RELIEF SOUGHT PURSUANT TO SECTION 14(A)(5) OF FIFRA WHICH AUTHORIZES REFERRALS TO THE TO THE U.S. ATTORNEY FOR RE- COVERY OF THE ASSESSED CIVIL PENALTY IN U.S. DISTRICT COURT WHEN COLLECTION EFFORTS ARE UNSUCCESSFUL. THE RE- FERRAL REQUESTS THAT THE DEFENDANT SHOULD PAY THE FULL AMOUNT OF THE CIVIL PENALTY OF $12,996 PLUS ANY INTEREST DUE AND ACCURING TO THE FEDERAL GOVERNMENT . 5. REFERRAL WAS SIGNED ON SEPT. 18, 1995. 6. EPA REGION 6 BELIEVES THAT THIS CASE IS SIGNIFICANT IN AN EFFORT TO ENFORCE FIFRA, AND THAT EPA SHOULD AGGRESSIVELY PURSUE COLLECTION OF THE PENALTIES IT IMPOSES.

Defendants (1)

• REK-CHEM MANUFACTURING CO. (AKA REK IND)Named in complaintNamed in settlement

Facilities (1)

• REK CHEM INDUSTRIES

  108 DALE SE, ALBUQUERQUE, NM, 87102

  Registry ID: 110010652551

Statutes cited

• FIFRA 14A5 — Fed. Insect, Fung & Rod Act

Enforcement conclusions (1)

• REK-CHEM MANUFACTURING CO.entered 1997-04-16

  Primary law: FIFRA

  Federal penalty: $12,996

Timeline (7 milestones)

• 1995-06-12Enforcement Action Data Entered
• 1995-09-18Referred To Dept Of Justice
• 1996-10-16Complaint Filed With Court
• 1997-04-16Final Order Lodged
• 1997-04-16Final Order Entered
• 1998-09-25Concluded
• 1998-09-25Enforcement Action Closed