Region 5 - Office of Regional Counsel

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

Advanced Design Components, LLC, et al.
Alco-Chem, Inc.
American Building Restoration Products, Inc
Aventis Cropscience, USA
Bayer CropScience, L.P.
Dow AgroSciences, LLC
Exacto, Inc.
Farmer McGregor's All Natural Products, Inc.
Hukill Chemical Corporation
Malone Chemical, Inc.
Minuteman International Inc.
NuFarm Americas, Inc.
Sentinel Products, Inc.
Spartan Chemical Company, Inc.
Syngenta Crop Protection, Inc.
TRW Enterprises and Jeffery W. Pendergrass
United Phosphorous, Inc.
Whitehouse Grain, Inc

Region 5 Files a Combined Complaint and Consent Agreement (CAFO) with American Building Restoration Products, Inc. in Franklin, Wisconsin - Region 5 initiated prefiling discussions on this matter on July 22, 2004. The proposed penalty was $23,980. On October 4, 2004 Region 5 filed a combined complaint and consent agreement (CAFO) with the Respondent to settle violations of Section 7(c)(1) of The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), Section 12(a)(2)(B), (L) and (N) of FIFRA, and Section 12(a)(1)(E) of FIFRA The primary focus of FIFRA was to provide federal control of pesticide distribution, sale, and use. Specifically, the Respondent failed to bear its establishment number on the label for pesticide product, “X-100 Natural Seal Wood Preservative,” failed to submit the Annual Pesticide Production Report for calendar years 2000 through 2003 and failed to include its registration number in its production records from January 16, 2001 through October 22, 2001.
Respondent has agreed to pay a civil penalty of $23,980. Contact: Nidhi O’Meara, primary contact 312/886-0568; Joseph Lukascyk, additional contact 312/886-6233.

Region 5 enters Complaint and Consent Agreement for unlawful distribution of an unregistered pesticide by Minuteman International Inc. of Addison, Illinois.  Region 5 has reached a settlement with Minuteman International Inc. involving the unlawful distribution of a pesticide that was not registered in violation of Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”). Our discussions with the company indicate that a limited quantity of product was distributed in the United States with a Canadian product label. Upon learning of the illegal distribution, the company initiated a recall of the product and implemented internal procedures to prevent a recurrence of illegal distribution. The enforcement team originally proposed a penalty of $5500, but agreed to mitigate that amount under the FIFRA ERP by 20% for “attitude and good faith efforts to comply.” Minuteman has agreed to pay a civil penalty of $4400 to settle this matter prior to the filing of an administrative complaint.

Contact: Marcy Toney, Associate Regional Counsel 312-886-3186; additional contact: Terence Bonace 312-886-3387.

Region 5 Issues FIFRA Joint Complaint and Consent Agreement and Final Order to Syngenta Crop Protection, Inc.  On November 4, 2004, Region 5 issued a joint Complaint and Consent Agreement and Final Order to Syngenta Crop Protection, Inc. (“Syngenta”), pursuant to Section 14(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) which simultaneously commences and concludes the proceeding. Section 12(a)(1)(E) of FIFRA states that distribution and sale of a misbranded pesticide constitutes an unlawful act. In March and April 2001, an Ohio Department of Agriculture (“ODA”) inspector conducted authorized producer establishment inspections at Holmes Ag Service (“HAS”), located in Holmesville, Ohio. The inspector found that the pesticide product label for Syngenta’s product, “PRINCEP 4L” on a bulk storage tank at the HAS establishment did not contain the EPA establishment number of the establishment that had produced the pesticide product and did not contain the net contents of the bulk storage tank. The ODA inspector also found that the pesticide product label for Syngenta’s product, “BICEP II MAGNUM” on a bulk storage tank at the HAS establishment did not contain the net contents of the bulk storage tank. EPA originally assessed a penalty of $5,940. Consistent with the provisions of the Enforcement Response Policy for FIFRA, EPA adjusted the penalty downward $891 for “good attitude”. Accordingly, proposed civil penalty has been mitigated from $5,940 to $5,049.

Contact: Catherine Garypie, Associate Regional Counsel 312-886-5825; Joseph Lukascyk, Enforcement Officer, 312-886-6233

Region 5 enters into a Consent Agreement and Final Order with Nufarm Americas, Inc. On July 30, 2004, Region 5 filed a civil administrative complaint against Nufarm Americas Inc., Burr Ridge, Illinois. On November 18, 2004, Region 5 filed a Consent Agreement and Final Order (CAFO) resolving violations of Section 12(a)(1)(A) of FIFRA, for Nufarm’s sale and distribution of unregistered pesticides, Atila 41% Herbicida-Fosfonico Glifosato, Marmina 6 D Herbicida Solucion Concentrada Acuosa, Marman 24-De 60 SL Marman Amina 6D, and 2,4-D/Mecoprop Manufacturing Concentrate, on 6 occasions. Nufarm exported these pesticides to foreign countries without having the foreign purchaser sign a statement acknowledging that the purchaser understands the pesticide is not registered for use in the United States and cannot be sold in the United States. A copy of that statement (referred to as the “Foreign Purchaser Acknowledgment Statement”) was not transmitted by Nufarm to an appropriate official of the government of the importing country. This settlement will promote greater awareness of pesticide product labeling requirements, specifically with regard to the requirements in 40 C.F.R. § 168.75(b)(4)(i) concerning the export of pesticide products to foreign countries. Moreover, it will diminish the likelihood of future pesticide exports without the Foreign Purchaser Acknowledgment Statement. The Complaint proposed a penalty of $33,000. In consideration of Nufarm’s willingness and efforts to achieve compliance as well as cooperation during negotiations, this matter will settle for $26,400.

Joanna Glowacki, Associate Regional Counsel, primary contact 312-353-3757, or Terence Bonace, Life Scientist, additional contact 312-886-3387

Region 5 files a combined Administrative Complaint and Consent Agreement with Sentinel Products, Inc. On September 1, 2004, Region 5 issued a Notice of Intent to file a civil administrative complaint against Sentinel Products, Inc., Minneapolis, Minnesota. On December 1, 2004, Region 5 simultaneously filed an administrative complaint and Consent Agreement and Final Order (CAFO) resolving one violation of Section 12(a)(1)(A) of FIFRA for the sale and distribution of an unregistered pesticide, Sentinel 24·7 Multisurface Coating. This product is a treated article containing a registered pesticide, Microban. Sentinel’s marketing literature contained an advertising claim that did not appropriately specify or qualify that the claim is only limited to the treated article or coating itself, or for non-public health use, as required under U.S. EPA’s policy, outlined in Pesticide Registration (PR) Notice 2000-1, March 6, 2000, concerning the applicability of the Treated Articles Exemption to Antimicrobial Pesticides. This PR Notice identifies the conditions for distribution of such treated articles or substances. This settlement will promote greater awareness of the Treated Articles Exemption and reduce the use of misleading or confusing labeling for such products. Sentinel Products, Inc. will pay a penalty of $2,464.

Contact Joanna Glowacki, Associate Regional Counsel, primary contact 312-353-3757, or Terence Bonace, Life Scientist, additional contact 312-886-3387

Region 5 Settles Unregistered Pesticide Distribution Case with Bayer CropScience L.P.
On December 28, 2004, EPA filed a Consent Agreement and Final Order with Bayer CropScience LP. (“Bayer”) settling a two count civil administrative complaint alleging violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The complaint, filed September 10, 2004, specifically alleged that the Respondent violated FIFRA by distributing or selling two types of unregistered pesticides to Action Pest Control in Evansville, Indiana. The Complaint proposed a penalty of $11,000. In consideration of Bayer’s attitude during settlement negotiations, and its commitment to take certain steps to ensure compliance with FIFRA in the future, EPA settled this case with them for a penalty amount of $8,800, which represents a 20 percent reduction of the initial proposed penalty.
Primary Contact: Mark Palermo, (312) 886-6082

Region 5 Signs Consent Agreement and Final Order with Alco-Chem, Inc.  Region 5 initiated this enforcement action in August of 2004. In December 2004, Region 5 signed a consent agreement and final order (CAFO) with Alco-Chem, Inc. of Akron, Ohio, to settle a violation of Section 7(c)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136e(c)(1). The alleged violation arose out of Alco-Chem’s late filing of its Annual Pesticide Production Report for 2003. FIFRA Section 7(a), 7 U.S.C. § 136e(a), prohibits the production of any pesticide unless the establishment in which it is produced is registered with the EPA. FIFRA Section 7(c)(1) and 40 C.F.R. § 167.85 require registered establishments to notify the EPA by March 1st of the types and amounts of pesticides the company produced during the previous calendar year. Alco-Chem did not file its Report for 2003 until July 14, 2004. Alco-Chem will pay a penalty of $2500, which represents the $5500 civil penalty EPA planned to propose reduced by 55% for cooperation and good faith efforts to come into compliance with FIFRA.

Contact: Erik Olson, primary contact 312-886-6829; Bruce Wilkinson, additional contact 312-886-6002

Region 5 Signs Consent Agreements and Final Orders with Three Illinois Pesticide Producers. Region 5 initiated these enforcement actions in September of 2004. In December 2004, Region 5 signed consent agreements and final orders (CAFOs) with three pesticide producers to settle violations of Section 7(c)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136e(c)(1). The alleged violations arose out of the companies’ failure to file Annual Pesticide Production Reports for 2003. FIFRA Section 7(a), 7 U.S.C. § 136e(a), prohibits the production of any pesticide unless the establishment in which it is produced is registered with the EPA. FIFRA Section 7(c)(1) and 40 C.F.R. § 167.85 require companies registered with EPA to produce pesticides to notify the Agency annually of the types and amounts of pesticides the company produced during the reporting year. Federal regulations at 40 C.F.R. § 167.85(d) require registered companies to complete the form even if they produced no pesticides during the reporting year.

All three companies did not produce pesticides in 2003, and are no longer producing pesticides. As part of the settlement, each company has agreed to give up its EPA establishment number and pay a reduced civil penalty. The companies involved in these settlements, and the amounts of their respective reduced civil penalties are:

Advanced Design Components, L.L.C. of Lombard, Illinois, $550.
Custom Accessories, Inc. of Niles, Illinois, $500.
Solid-Pro, Inc. of Naperville, Illinois, $440.

Primary contact: Erik Olson, Office of Regional Counsel (312) 886-6829; Bruce Wilkinson, additional contact (312) 886-6002

EPA issues Consent Agreement and Final Order on Farmer McGregor’s All Natural Products, Inc.(McGregor) FIFRA matter. On February 17, 2005, EPA issued a Consent Agreement and Final Order (CAFO) under Section 14(a)(1) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136l(a)(1), and 40 C.F.R. §§ 22.1(a)(1), 22.13, 22.18, and 22.35, resolving claims for civil penalties McGregor for failing to timely submit annual reports, distributing and selling unregistered and misbranded pesticide products, and producing a pesticide product in an unregistered establishment in violation of Sections 7(c)(1), and 12(a)(1)(A) and (E) and (2)(L) of FIFRA,7 U.S.C. §§ 136e(c)(1) and 136j(a)(1)(A),(E) and (2)(L). The CAFO simultaneously commenced and concluded EPA’s action for the alleged violations of FIFRA. EPA calculated a gravity based proposed penalty of $25,080; but will forego a penalty based on McGregor’s inability to pay a civil penalty; submission of its Pesticide Production Reports for calendar years 2001, 2002, 2003, and 2004; and request for inactivation of McGregor’s Establishment Registration Number. A financial analyst determined that MacGregor was not able to pay any penalty. The company is no longer producing pesticides and has since dissolved. McGregor has submitted outstanding annual reports and has requested inactivation of its establishment number. The CAFO settles civil and administrative claims alleged in Section V of the CAFO, and is conditioned upon the accuracy of McGregor’s representations.

Contact: Maria Gonzalez, primary contact, (312)886-6630.

Region 5 Issues FIFRA Joint Complaint and Consent Agreement and Final Order to Dow AgroSciences LLC - On February 17, 2005, Region 5 issued a joint Complaint and Consent Agreement and Final Order to Dow AgroSciences LLC. (Dow), pursuant to Section 14(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) which simultaneously commences and concludes the proceeding. Section 12(a)(1)(E) of FIFRA states that distribution and sale of a misbranded pesticide constitutes an unlawful act. In March and April 2001, an Ohio Department of Agriculture (ODA) inspector conducted authorized producer establishment inspections at Holmes Ag Service (HAS), located in Holmesville, Ohio. The inspector found that the pesticide product label for Dow’s product, “GLYPHOMAX PLUS” on a bulk storage tank at the HAS establishment did not contain the EPA establishment number of the establishment that had produced the pesticide product and did not contain the net contents of the bulk storage tank. In December 2001, an ODA inspector conducted an authorized producer establishment inspection at Mid-Wood, Inc. (Mid-Wood), located in Bowling Green, Ohio. The inspector found that the pesticide product label for Dow’s product, “GLYPHOMAX PLUS” on a bulk storage tank at the Mid-Wood establishment did not contain the EPA establishment number of the establishment that had produced the pesticide product. EPA originally assessed a penalty of $3,300 for each facility (for a total of $6,600). Consistent with the provisions of the Enforcement Response Policy for FIFRA, EPA adjusted the penalty downward $660 for “good attitude”. Accordingly, proposed civil penalty has been mitigated from $6,000 to $5,940.

Contact: Catherine Garypie, Associate Regional Counsel (312) 886-5825; Joseph Lukascyk, Enforcement Officer, (312) 886-6233

Region 5 Signs Consent Agreement and Final Order with Hukill Chemical Corporation. Region 5 initiated this enforcement action in September of 2004. On April 4, 2005, the Region signed a consent agreement and final order (CAFO) with Hukill Chemical Corporation of Bedford, Ohio to settle violations of Section 7(c)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136e(c)(1). The alleged violations arose out of Hukill’s failure to file Annual Pesticide Production Reports for 2002 and 2003. FIFRA Section 7(a), 7 U.S.C. § 136e(a), prohibits the production of any pesticide unless the establishment in which it is produced is registered with the EPA. FIFRA Section 7(c)(1) and 40 C.F.R. § 167.85 require companies registered with EPA to produce pesticides to notify the Agency annually of the types and amounts of pesticides the company produced during the reporting year. Federal regulations at 40 C.F.R. § 167.85(d) require registered companies to complete the form even if they produced no pesticides during the reporting year. Hukill did not produce pesticides in either 2002 or 2003, and is no longer producing pesticides. As part of the settlement, Hukill has agreed to give up its EPA establishment number and pay a reduced civil penalty of $550.
Contact: Erik Olson, primary contact 312-886-6829; Bruce Wilkinson, additional contact 312-886-6002

Region 5 Signs Consent Agreement and Final Order with Whitehouse Grain, Inc., Region 5 initiated this enforcement action in September of 2004. On April 4, 2005, the Region signed a consent agreement and final order (CAFO) with Whitehouse Grain, Inc., of Whitehouse, Ohio, to settle violations of Section 7(c)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136e(c)(1). The alleged violations arose out of Whitehouse Grain’s failure to file Annual Pesticide Production Reports for 2003. FIFRA Section 7(a), 7 U.S.C. § 136e(a), prohibits the production of any pesticide unless the establishment in which it is produced is registered with the EPA. FIFRA Section 7(c)(1) and 40 C.F.R. § 167.85 require companies registered with EPA to produce pesticides to notify the Agency annually of the types and amounts of pesticides the company produced during the reporting year. Federal regulations at 40 C.F.R. § 167.85(d) require registered companies to complete the form even if they produced no pesticides during the reporting year. Whitehouse Grain did not produce pesticides in 2003, and is no longer producing pesticides. As part of the settlement, Whitehouse Grain has agreed to give up its EPA establishment number and pay a reduced civil penalty of $550.
Contact: Robert S. Guenther, primary contact 312-886-0566; Holly McDonald, additional contact 312-886-6012

Region 5 Signs Consent Agreement and Final Order with Malone Chemical, Inc. Region 5 initiated this enforcement action in September of 2004. On April 4, 2005, the Region signed a consent agreement and final order (CAFO) with Malone Chemical, Inc. of Kempton, Illinois, to settle violations of Section 7(c)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136e(c)(1). The alleged violations arose out of Malone Chemical’s failure to file an Annual Pesticide Production Report for 2003. FIFRA Section 7(a), 7 U.S.C. § 136e(a), prohibits the production of any pesticide unless the establishment in which it is produced is registered with the EPA. FIFRA Section 7(c)(1) and 40 C.F.R. § 167.85 require companies registered with EPA to produce pesticides to notify the Agency annually of the types and amounts of pesticides the company produced during the reporting year. As part of the settlement, the Region considered the facts of the violation and Malone Chemical’s past compliance efforts and demonstration that its registration issues have been resolved for several years. Thus, the CAFO assesses a final penalty of $100.
Contact: Robert S. Guenther, primary contact 312-886-0566; Holly McDonald, additional contact 312-886-6012

Region 5 Signs Consent Agreement and Final Order with Exacto, Inc. Region 5 initiated this enforcement action in September of 2004. On April 4, 2005, the Region signed a consent agreement and final order (CAFO) with Exacto, Inc. of Richmond, Illinois, to settle violations of Section 7(c)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136e(c)(1). The alleged violations arose out of Exacto’s failure to file an Annual Pesticide Production Report for 2003. FIFRA Section 7(a), 7 U.S.C. § 136e(a), prohibits the production of any pesticide unless the establishment in which it is produced is registered with the EPA. FIFRA Section 7(c)(1) and 40 C.F.R. § 167.85 require companies registered with EPA to produce pesticides to notify the Agency annually of the types and amounts of pesticides the company produced during the reporting year. As part of the settlement, the Region considered the facts of the violation Exacto’s prompt compliance efforts. Thus, the CAFO assesses a final penalty of $2640.
Contact: Robert S. Guenther, primary contact 312-886-0566; Holly McDonald, additional contact 312-886-6012

FIFRA Misbranding Case Against Spartan Chemical, Maumee, Ohio, Settled With Complaint/CAFO.  On May 20, 2005, Region 5 filed a combination Complaint/Consent Agreement and Final Order simultaneously initiating and resolving an administrative compliance action under Section 14(a) of FIFRA, 7 U.S.C. § 136l(a), against Respondent Spartan Chemical Company, Inc. (Spartan Chemical) at its Maumee, Ohio facility, at which it packages cleaning products.

The determination of violations in this case is based on an Ohio EPA inspection of the Spartan Chemical facility. During the July 2, 2003 inspection, the inspector collected a sample of and distribution records for Respondent’s product DMQ Damp Mop Neutral Disinfectant Cleaner (DMQ). EPA determined the DMQ is a pesticide. The label of DMQ states, among other things, that it “Kills Staphylococcus aureus, Pseudomonas aeruginosa...” and “For one step cleaning and disinfection in the presence of 5% organic soil use DMQ at 2 oz. per gallon of water.” Ohio analyzed a sample of DMQ collected during the 2003 inspection for efficacy against the microorganism Pseudomonas aeruginosa. This analysis revealed that DMQ tested as “ineffective” against Pseudomonas aeruginosa, and thus Respondent’s label was found to be false and misleading in its claims of antimicrobial efficacy. Distribution records collected during the inspection, indicated that Respondent distributed or sold the DMQ under the label at issue on at least five occasions, in violation of Section 12(a)(1)(E) of FIFRA, 7 U.S.C. § 136j(a)(1)(E).

The Region issued a “pre-filing letter”(a letter notifying a party that EPA intends to file a complaint) to the company March 16, 2005, and held a pre-filing conference to discuss the alleged violations on March 30. Respondent provided confirmation that it is now in compliance with the cited requirements, and expressed willingness to settle the civil penalty claims without litigation. The parties agreed to a settlement with a civil penalty of $17,600. This amount represents a 20% mitigation of the initial $22,000 proposed penalty amount for Respondent’s good faith and co-operation.

Primary contact: Andre Daugavietis, Associate Regional Counsel (312) 886-6663.

Region 5 Files a Combined Complaint and Consent Agreement with Aventis Cropscience, USA - The proposed penalty was $22,000. On May 5, 2005 Region 5 filed a combined complaint and consent agreement with the Respondent to settle violations of Section 12(a)(1)(E) and12(a)(2)(N) of FIFRA. Specifically, the Respondent distributed or sold a misbranded pesticide, “Fipronil Technical,” because the label failed to bear the registration number and the establishment number on it and the label did not match the “accepted” label language for the pesticide. Additionally, the Respondent filed a Notice of Arrival for an import shipment of “Fipronil Technical” that was false and inaccurate. The Respondent also distributed or sold a misbranded pesticide, “Iprodione Technical,” because the label did not match the “accepted” label language for the pesticide. Respondent has agreed to pay a civil penalty of $19,800.
Contact: Nidhi O’Meara, primary contact 312/886-0568; Joseph Lukascyk, additional contact 312/886-6233.

Region 5 Files a Combined Complaint and Consent Agreement with United Phosphorous, Inc. - Region 5 initiated prefiling discussions on this matter in March, 2005. The proposed penalty was $6,500. On May 5, 2005 Region 5 filed a combined complaint and consent agreement with United Phosphorous, Inc. to settle violations of Section 12(a)(1)(E) of FIFRA, 7 U.S.C. § 136j(a)(1)(E) and 40 C.F.R. §156.10(a). Specifically, United Phosphorous, Inc. distributed or sold a pesticide product that was misbranded because the label on the product did not correspond with the most recent U.S. EPA “Accepted” label for the pesticide product. United Phosphorous, Inc. has agreed to pay a civil penalty of $6,500.

Contact: Nidhi O’Meara, primary contact 312/886-0568; Joseph Lukascyk, additional contact 312/886-6233.

FIFRA Misbranding Case Against Spartan Chemical, Maumee, Ohio, Settled With Complaint/CAFO.  On May 20, 2005, Region 5 filed a combination Complaint/Consent Agreement and Final Order simultaneously initiating and resolving an administrative compliance action under Section 14(a) of FIFRA, 7 U.S.C. § 136l(a), against Respondent Spartan Chemical Company, Inc. (Spartan Chemical) at its Maumee, Ohio facility, at which it packages cleaning products.

The determination of violations in this case is based on an Ohio EPA inspection of the Spartan Chemical facility. During the July 2, 2003 inspection, the inspector collected a sample of and distribution records for Respondent’s product DMQ Damp Mop Neutral Disinfectant Cleaner (DMQ). EPA determined the DMQ is a pesticide. The label of DMQ states, among other things, that it “Kills Staphylococcus aureus, Pseudomonas aeruginosa...” and “For one step cleaning and disinfection in the presence of 5% organic soil use DMQ at 2 oz. per gallon of water.” Ohio analyzed a sample of DMQ collected during the 2003 inspection for efficacy against the microorganism Pseudomonas aeruginosa. This analysis revealed that DMQ tested as “ineffective” against Pseudomonas aeruginosa, and thus Respondent’s label was found to be false and misleading in its claims of antimicrobial efficacy. Distribution records collected during the inspection, indicated that Respondent distributed or sold the DMQ under the label at issue on at least five occasions, in violation of Section 12(a)(1)(E) of FIFRA, 7 U.S.C. § 136j(a)(1)(E).

The Region issued a “pre-filing letter”(a letter notifying a party that EPA intends to file a complaint) to the company March 16, 2005, and held a pre-filing conference to discuss the alleged violations on March 30. Respondent provided confirmation that it is now in compliance with the cited requirements, and expressed willingness to settle the civil penalty claims without litigation. The parties agreed to a settlement with a civil penalty of $17,600. This amount represents a 20% mitigation of the initial $22,000 proposed penalty amount for Respondent’s good faith and co-operation.

Primary contact: Andre Daugavietis, Associate Regional Counsel (312) 886-6663.

Chief Administrative Law Judge Issues Default Order Against TRW Enterprises of Milford, Ohio for FIFRA Violations. On September 19, 2005 Chief Administrative Law Judge Susan L. Biro issued a default order against Jeffery W. Pendergrass and TRW Enterprises of Milford, Ohio. EPA Region 5 filed an administrative complaint against Mr. Pendergrass and his company on April 12, 2005 for failure to file Annual Pesticide Production Reports on time for the 2002 and 2003 reporting years, as required by Section 7(c)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136e(c)(1). On June 3, 2005 Judge Biro issued an order requiring the Region and TRW to exchange copies of documents the parties intended to rely on to support their respective positions at hearing. TRW failed to comply with Chief Judge Biro’s order, and on August 25, 2005 Judge Biro issued an Order to Show Cause ordering TRW to explain why it had not submitted the pre-hearing exchange. Because TRW did not respond to the Show Cause order, Chief Judge Biro found TRW in default. The default order requires Mr. Pendergrass and TRW to pay a $1000 civil penalty.

Contact: Erik Olson, primary contact 312-886-6829; Bruce Wilkinson, additional contact 312-886-6002