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07-1996-0002Administrative - FormalClosedFY 1996· Region 07

EPA v. MCCOOL FERTILIZER CO.,INC.& PAUL UNDERWOOD, MCCOOL JUNCTION,

Final Order With Penalty

Penalty assessed

$350

Case summary

THIS IS AN ADMINISTRATIVE ACTION FOR THE ASSESSMENT OF PENALTIES UNDER SECTION 14 OF FIFRA FOR A VIOLATION OF SECTION 12 OF FIFRA. ON OR ABOUT 4/25/94 PAUL UNDERWOOD OWNER OF MCCOOL FERTILIZER WAS APPLYING A PESTICIDE TO SOME CROPS IN FILLMORE COUNTY, NEBRASKA. DURING THE AERIAL APPLICATION THE PESTICIDE DRIFTED ONTO ADJACENT PROPERTY, THE PEOPLE STANDING OUTSIDE ON THE PROPERTY AT THE TIME OF THE APPLICATION, AND THEIR CLOTHES ON A CLOTHESLINE. THEY WERE NOT AMUSED. THE COMPLAINT PROPOSES A CIVIL PENALTY OF $5,000 BE ASSESSED.

Defendants (2)

  • MCCOOL FERTILIZER CO., INC.Named in complaintNamed in settlement
  • PAUL UNDERWOODNamed in complaintNamed in settlement

Facilities (1)

  • MC COOL FERTILIZER CO

    723 EAST K ST, MC COOL JUNCTION, NE, 684010056

    Registry ID: 110006607136

Statutes cited

  • FIFRA 12Fed. Insect, Fung & Rod Act

Enforcement conclusions (1)

  • MCCOOL FERTILIZER CO.,INC.& PAUL UNDERWOOD, MCCOOLentered 1997-01-08

    Primary law: FIFRA

    Federal penalty: $350

Timeline (4 milestones)

  • 1995-10-24Enforcement Action Data Entered
  • 1995-11-01Complaint Filed/Proposed Order
  • 1997-01-08Final Order Issued
  • 1997-02-07Enforcement Action Closed

Case metadata

EPA activity ID
45436
Case number
07-1996-0002
Lead agency
EPA
HQ division
TOX
Branch
REGE
EPA region
07
Multimedia
No
Voluntary self-disclosure
No
Primary statute
Fed. Insect, Fung & Rod Act

Sourced verbatim from EPA ECHO Enforcement Case Report for case 07-1996-0002 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.