EPA v. CARL FRANCKA SR D/B/A/ AREA PEST CONTROL, AND DON FRANCKA

Case summary

ON NOVEMBER 27, 1990, THE EPA (REGION 7) FILED AN ADMINISTRATIVE COMPLAINT AGAINST THE RESPONDENTS/DEFENDANTS, ALLEGING VIOLATION OF SECTION 12(A)(2)(G) AND FIFRA, THEY APPLIED THE PESTICIDE DURSBAN TC TERMINICIDE CONCENTRATE, TO A HOME IN INDEPENDENCE, MISSOURI. THE AFOREMENTIONED PESTICIDE WAS NOT REGISTERED FOR USE IN MISSOURI. ON NOVEMBER 28, 1990, THE RESPONDENTS/ DEFENDANTS WERE PROPERLY AND LEGALLY SERVED WITH THE COMPLAINTS. NO ANSWER WAS FILED BY THE PARTIES. UPON EXPIRATION OF TIME FRO ANSWERS TO BE FILED, COMPLAINANT EPA MADE A MOTION FOR DEFAULT ORDER. THE MOTION(S) WERE SERVED UPON THE PARTIES ON FEBRUARY 7, 1991. NO RESPONSE WAS MADE TO THE MOTION. DEFAULT ORDER GRANTED BY THE REGIONAL ADMINISTRATOR ON MARCH 5, 1991, AND A COPY OF SIAD ORDER RECEIVED BY CARL FRANCKA ON OR ABOUT MARCH 15, 1991 (WAS NOT ABLE TO SERVE ORDER UPON DONFRANCKA). THE ORDER IS FOR $500 ADMINISTRATIVE CIVIL PENALTY (THE AMOUNT OF THE COMPLAINT). LETTERS DEMANDING PAYMENT OF THE CIVIL PENALTY WAS SENT TO CARL FRANCKA SR ON NOVEMBER 5, 1991 AND JUNE 24, 1991. RESPONDENT/DEFENDANT IGNORED THE LETTERS. TO DATE NO PART OF THE PENALTY HAS BEEN PAID.

Defendants (1)

• CARL FRANCKA D/B/A AREA PEST CONTROLNamed in complaintNamed in settlement

Facilities (1)

• AREA PEST CONTROL

  808 W SOUTH AVE, BLUE SPRINGS, MO, 640154245

  Registry ID: 110010694631

Statutes cited

• FIFRA 12A2G — Misuse

Enforcement conclusions (1)

• CARL FRANCKA SR D/B/A/ AREA PEST CONTROL, AND DONentered 1994-08-01

  Primary law: FIFRA

  Federal penalty: $500

Timeline (7 milestones)

• 1990-11-26Enforcement Action Data Entered
• 1992-09-21Referred To Dept Of Justice
• 1994-03-14Complaint Filed With Court
• 1994-08-01Final Order Lodged
• 1994-08-01Final Order Entered
• 1994-08-01Concluded
• 1994-09-30Enforcement Action Closed