EPA v. KOTHE, DONALD AND SHICKLEY AG SERVICE, INC.

Case summary

ON NOVEMBER 4, 1991 THE EPA FILED AN ADMINISTRATIVE COMPLAINT AGAINST RESPONDENT ALLEGING VIOLATIONS OF SECTION 12(A)(2)(G) AND 12(A)(2)(B) OF FIFRA AND PROPOSED A CIVIL PENALTY OF $5,000. RESPONDENT, DURING AN AERIAL APPLICATION OF PENNCAP-M (EPA REG. NO. 4581-292)_, A RESTRICTED PESTICIDE, THE PESTICIDE DRIFTED ONTO NEIGHBORING NON-TARGET PROPERTY. RESPONDENT ALSO USED A HUMAN FLAGGER DURING THE APPLICATION. BOTH OF THE ABOVE (DRIFT AND HUMAN FLAGGER) ARE CONTRARY TO LABEL DIRECTIONS. THE VIOLATION OCCURRED ON OR ABOUT JULY 23, 1990. THE INVESTIGATOR OF THE ALLEGED VIOLATIONS WAS DONE BY A RESPRESENTATIVE OF THE EPA ON AUGUST 8, 1990.

Defendants (2)

• KOTHE, DONALDNamed in complaintNamed in settlement
• SHICKLEY AG SERVICE, INC.

Facilities (1)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

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

Enforcement conclusions (1)

• KOTHE, DONALD AND SHICKLEY AG SERVICE, INC.entered 1993-11-29

  Primary law: FIFRA

  Federal penalty: $2,400

Timeline (4 milestones)

• 1991-11-04Enforcement Action Data Entered
• 1991-11-04Complaint Filed/Proposed Order
• 1993-11-29Final Order Issued
• 1993-12-22Enforcement Action Closed