Douglas Products and Packaging Company, LLC (Board decision, July 17, 2019)

Plain-English summary

EPA alleged that Douglas Products and Packaging Company, LLC distributed and sold misbranded pesticides in violation of section 12(a)(1)(E) of the Federal Insecticide, Fungicide, and Rodenticide Act. EPA's complaint sought a $143,500 penalty. The company paid the full penalty, waiving its rights to contest the allegations and appeal the Final Order. Under the EPA rules cited in the order, the Environmental Appeals Board resolved the matter after receiving confirmation of full payment.

Decision snapshot

• Cited authorities: Federal Insecticide, Fungicide, and Rodenticide Act section 12(a)(1)(E), and 40 C.F.R. § 22.18(a)
• Outcome: Douglas paid the full $143,500 proposed penalty, and the matter was resolved.
• Key point: Full payment of a penalty proposed in an EPA complaint can resolve a Headquarters enforcement proceeding and waive contest and appeal rights.

Full text (EPA EAB public release)

F I L E D
Jul 17 2019
Clerk, Environmental Appeals Board

ENVIRONMENTAL APPEALS BOARD
INITIALS ______
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

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In re:
Douglas Products and Packaging
Company, LLC

Docket No. FIFRA-HQ-2019-5002

FINAL ORDER
On May 21, 2019, the U.S. Environmental Protection Agency’s (“EPA”) Office of Civil Enforcement, Waste and Chemical Enforcement Division filed a Complaint and Notice of Opportunity for Hearing (“Complaint”) against Douglas Products and Packaging Company, LLC (“Douglas”), alleging that Douglas had distributed and sold misbranded pesticides in violation of section 12(a)(1)(E) of the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”). The Complaint sought a penalty of $143,500. EPA’s Consolidated Rules of Practice, codified at 40 C.F.R. part 22, govern this administrative enforcement proceeding. Pursuant to 40 C.F.R. § 22.18(a), a respondent may opt for a quick resolution of an enforcement proceeding at any time by paying the penalty proposed in the complaint. See 40 C.F.R. § 22.18(a)(1), (2). The rules further provide that upon payment in full of the penalty, in cases initiated at EPA Headquarters, the Environmental Appeals Board (“Board”) must issue a final order. 40 C.F.R. § 22.18(a)(3). On July 9, 2019, EPA’s Office of Enforcement and Compliance Assurance notified the Board that EPA has received full payment of the penalty ($143,500) from Douglas to resolve the

above-captioned matter. Payment by Douglas constituted a waiver of Douglas’s rights to contest the allegations in the Complaint and to appeal this Final Order. See 40 C.F.R. § 22.18(a)(3). In accordance with 40 C.F.R. § 22.18(a)(3), the above-captioned matter is hereby RESOLVED. So ordered.1 ENVIRONMENTAL APPEALS BOARD Date:

July 17, 2019

By: ________
Aaron P. Avila
Environmental Appeals Judge

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The three-member panel deciding this matter is composed of Environmental Appeals Judges Aaron P. Avila, Mary Kay Lynch, and Kathie A. Stein.
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CERTIFICATE OF SERVICE
I certify that copies of the foregoing Final Order in the matter of Douglas Products and Packaging Company, LLC, Docket No. FIFRA-HQ-2019-5002, were sent to the following persons in the manner indicated: By Interoffice Mail Tom Charlton, Attorney Waste and Chemical Enforcement Division Office of Civil Enforcement U.S. Environmental Protection Agency 1200 Pennsylvania Ave., N.W. (Mail Code 2249A) Washington, D.C. 20460 E-mail: [email protected] Headquarters Hearing Clerk Office of Administrative Law Judges U.S. Environmental Protection Agency 1200 Pennsylvania Ave., N.W. (Mail Code 1900R) Washington, D.C. 20460 E-mail: [email protected]; [email protected] By First Class U.S. Mail: Lisa M. Campbell, Esq. Bergeson & Campbell, PC 2200 Pennsylvania Avenue, NW Suite 100W Washington, DC 20037-1701 E-mail: [email protected] Wes Long, CEO Douglas Products and Packaging Company, LLC 15500 E. Old Highway 210 Liberty, MO 64068-9459

Dated: ________
Jul 17 2019

Annette Duncan
Administrative Specialist