Makhteshim Agan of North America, Inc., d/b/a ADAMA (Board decision, May 5, 2016)

Plain-English summary

Makhteshim Agan of North America, Inc., doing business as ADAMA, entered a Consent Agreement with EPA. The Environmental Appeals Board incorporated the agreement into its Final Order and ratified it under the Consolidated Rules of Practice. The respondent was ordered to comply with every term of the agreement immediately.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b)-(c)
• Outcome: The Consent Agreement was incorporated and ratified, and the respondent was ordered to comply with its terms immediately.
• Key point: Ratification made the Consent Agreement an immediately binding Final Order.

Full text (EPA EAB public release)

F I L E D

MAY 5 2016

Clerk, Environmental Appeals Board
INITIALS [illegible]

BEFORE THE ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

In re:

Makhteshim Agan of North
America, Inc., d/b/a ADAMA
3120 Highwoods Blvd., Suite 100
Raleigh, NC 27604

Respondent

Docket No. FIFRA-HQ-2016-5006

FINAL ORDER

Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA’s Consolidated Rules of Practice, the attached Consent Agreement resolving this matter is incorporated by reference into this Final Order and is hereby ratified.

The Respondent is ORDERED to comply with all terms of the Consent Agreement, effective immediately.

So ordered.¹

Date: 5/5/2016

By: [signature]
Mary Beth Ward
Environmental Appeals Judge

¹ The three-member panel ratifying this matter is composed of Mary Kay Lynch, Kathie A. Stein, and Mary Beth Ward.

CERTIFICATE OF SERVICE

I certify that the foregoing “Consent Agreement” and “Final Order,” in the Matter of Makhteshim Agan of North America Inc., d/b/a ADAMA, Docket No. FIFRA-HQ-2016-5006, were filed and copies of the same were mailed to the parties as indicated below:

Via Interoffice Mail:

Susan Shinkman, Director

Office of Civil Enforcement

Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency

1200 Pennsylvania Ave., NW (Mail Code 2241A)
Washington, DC 20460

Brian T. Dyer

Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency

1200 Pennsylvania Ave., NW (Mail Code 2249A)
Washington, DC 20460

Via U.S. Certified Mail:

Tracy Heinzman

Wiley Rein LLP

1776 K Street NW
Washington, DC 20006

Dated: MAY 5 2016

[signature]
Annette Duncan, Secretary
U.S. Environmental Protection Agency
Environmental Appeals Board