SiteOne Landscape Supply, Inc. (Board decision, August 15, 2025)
In re SiteOne Landscape Supply, Inc. (EAB FIFRA Appeal No. 25-01C): misbranded herbicide settlement approved
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Plain-English summary
SiteOne Landscape Supply, Inc. distributed LESCO Dimension, a registered herbicide-fertilizer product. EPA found that 137 shipments made between December 2020 and August 2023 involved labels missing an ingredient statement and certain directions for use, and carrying an unapproved alternate brand name. The Consent Agreement resolved the matter without adjudicating the facts or law, and SiteOne neither admitted nor denied the factual allegations. The Board ratified the agreement and approved a $311,313 civil penalty.
Decision snapshot
- Cited authorities: FIFRA §§ 2, 12, and 14; 7 U.S.C. §§ 136, 136j, 136k, and 136l; 40 C.F.R. parts 13, 19, 22, and 156
- Outcome: The Consent Agreement was ratified, SiteOne was ordered to comply with its terms, and a $311,313 civil penalty was approved.
- Key point: Pesticide labels must include the required ingredient statement, directions for use, and approved product name.
Full text (EPA EAB public release)
ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON,
D.C.
)
)
)
In re SiteOne Landscape Supply, Inc. ) Docket No. FIFRA-HQ-2024-5015
)
)
)
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
ENVIRONMENTAL APPEALS BOARD
August 15, 2025
Dated:
Ammie Roseman-Orr
Environmental Appeals Judge
1
The two-member panel ratifying this matter is composed of Environmental Appeals
Judges Aaron P. Avila and Ammie Roseman-Orr.
BEFORE THE ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.
)
In re: )
) Docket No. FIFRA-HQ-2024-5015
SiteOne Landscape Supply, Inc. )
Roswell, Georgia )
)
Respondent. )
_________)
CONSENT AGREEMENT
I. PRELIMINARY STATEMENT
-
This is a civil administrative action commenced and concluded under Section 14(a) of the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136l(a), and
Sections 22.13(b) and 22.18(b)(2) and (3) of the Consolidated Rules of Practice Governing
the Administrative Assessment of Civil Penalties and the Revocation/Termination or
Suspension of Permits (Consolidated Rules of Practice), as codified at 40 C.F.R. pt. 22. -
Complainant is the Director of the Waste and Chemical Enforcement Division, Office of
Civil Enforcement, Office of Enforcement and Compliance Assurance, U.S. Environmental
Protection Agency (EPA). Complainant has been delegated the authority to sign consent
agreements memorializing settlements between the EPA and respondents. EPA Delegation
5-14 (May 11, 1994; Administrative Update Feb. 4, 2016); OECA Redelegation 5-14 (Sept.
2015); OCE Redelegation 5-14 (Sept. 2015). -
Respondent is SiteOne Landscape Supply, Inc. (“SiteOne”), a Delaware corporation
headquartered at 300 Colonial Center Parkway, Suite 600, Roswell, Georgia 30076. -
Complainant and Respondent (collectively, “the Parties”) agree to settle this action without
the filing of a complaint or the adjudication of any issue of fact or law, agree to comply
with the terms of this Consent Agreement, and consent to the issuance of a final order
ratifying this Consent Agreement.II. JURISDICTION -
The Consolidated Rules of Practice govern all administrative adjudicatory proceedings for
the assessment of any administrative civil penalty under section 14(a) of FIFRA, 7. U.S.C.
§ 136l(a). 40 C.F.R. § 22.1(a)(1).Page 1 of 14In the Matter of: SiteOne Landscape Supply, Inc.
Consent Agreement and Final Order EPA Docket No: FIFRA-HQ-2024-5015 -
This is a civil administrative action for the assessment of civil penalties under section 14(a)
of FIFRA, 7. U.S.C. § 136l(a), for violations of section 12(a)(1)(E) of FIFRA, 7 U.S.C. §
136j(a)(1)(E). -
The U.S. EPA Environmental Appeals Board (“the Board”) approves the settlement of
proceedings that are commenced by EPA Headquarters under the Consolidated Rules of
Practice and which seek the assessment of civil penalties under section 14(a) of FIFRA. 40
C.F.R. § 22.4(a)(1); EPA Delegations 5-15-B (May 11, 1994). -
Where parties agree to settle one or more causes of action before the filing of a complaint,
an administrative action may be simultaneously commenced and concluded by the issuance
of a consent agreement and final order (“CAFO”). 40 C.F.R. §§ 22.13(b), 22.18(b)(2), and
22.18(b)(3). -
A consent agreement becomes effective when the Board executes a final order ratifying the
agreement and files the CAFO with the Clerk of the Board. 40 C.F.R. §§ 22.13(b),
22.18(b)(3), 22.31(b).III. GOVERNING LAW -
Section 12(a)(1)(E) of FIFRA, 7 U.S.C. § 136j(a)(1)(E), provides that it is unlawful “for
any person in any State to distribute or sell to any person – (E) any pesticide which is
adulterated or misbranded.” -
Section 2(s) of FIFRA, 7 U.S.C. § 136(s), defines a “person” as “any individual, partnership,
association, corporation, or any organized group of persons whether incorporated or not.” -
Section 2(u) of FIFRA, 7 U.S.C. § 136(u), defines a “pesticide,” in part, as “any substance
or mixture of substances intended for preventing, destroying, repelling, or mitigating any
pest.” -
Section 2(t) of FIFRA, 7 U.S.C. § 136(t), defines a “pest” as “(1) any insect, rodent,
nematode, fungus, weed, or (2) any other form of terrestrial or aquatic plant or animal life
or virus, bacteria, or other microorganism (except viruses, bacteria, or other
microorganisms on or in living man or other living animals) which the Administrator
declares to be a pest under section 25(c)(1) [of FIFRA].” -
Section 2(gg) of FIFRA, 7 U.S.C § 136(gg), defines “to distribute or sell” as “to distribute,
sell, offer for sale, hold for distribution, hold for sale, hold for shipment, ship, deliver for
shipment, release for shipment, or receive and (having so received) deliver or offer to
deliver.” -
Section 2(p)(1) of FIFRA, 7 U.S.C. § 136(p)(1), defines “label” as the “written, printed, or
graphic matter on, or attached to, the pesticide or device or any of its containers or
wrappers.”Page 2 of 14In the Matter of: SiteOne Landscape Supply, Inc.
Consent Agreement and Final Order EPA Docket No: FIFRA-HQ-2024-5015 -
Section 2(p)(2) of FIFRA, 7 U.S.C. § 136(p)(2), defines “labeling” as “all labels and all other
written, printed, or graphic matter—a) accompanying the pesticide or device at any time; or b) to which reference is made on the label or in literature accompanying the pesticide….” -
Under Section 2(q)(1)(A) of FIFRA, 7 U.S.C. § 136(q)(1)(A), a pesticide is “misbranded”
if “its labeling bears any statement, design, or graphic representation relative thereto or to
its ingredients which is false or misleading in any particular.” -
Under Section 2(q)(1)(E) of FIFRA, 7 U.S.C. § 136(q)(1)(E), a pesticide is “misbranded” if
“any word, statement, or other information required by or under authority of this
subchapter to appear on the label or labeling is not prominently placed thereon with such
conspicuousness (as compared with other words, statements, designs, or graphic matter in
the labeling) and in such terms as to render it likely to be read and understood by the
ordinary individual under customary conditions of purchase and use.” -
Under Section 2(q)(2)(A) of FIFRA, 7 U.S.C. § 136(q)(2)(A), a pesticide is “misbranded”
if “the label does not bear an ingredient statement on that part of the immediate container
(and on the outside container or wrapper of the retail package, if there be one, through
which the ingredient statement on the immediate container cannot be clearly read) which is
presented or displayed under customary conditions of purchase” subject to certain
exemptions that are not relevant to this matter. -
The regulation set forth at 40 C.F.R. § 156.10(a)(1) states that, “[e]very pesticide product
shall bear a label containing the information specified by [FIFRA] and the regulations in
[Part 156]” clearly and prominently, including but not limited to, “(i) [t]he name, brand, or
trademark under which the product is sold as prescribed in paragraph (b) of this section”,
and “(vi) [a]n ingredient statement as prescribed in paragraph (g) of this section …”. -
The regulation set forth at 40 C.F.R. § 156.10(b)(1) states that “[t]he name, brand, or
trademark under which the pesticide is sold shall appear on the front panel of the label.” -
Further, 40 C.F.R. § 156.10(b)(2) states that “[n]o name, brand, or trademark may appear
on the label which (i) is false or misleading, or (ii) has not been approved by the
Administrator through registration or supplemental distribution as an additional name
pursuant to § 152.132.” -
The regulation set forth at 40 C.F.R. § 156.10(a)(5) states that “[p]ursuant to section
2(q)(1)(A) of the Act, a pesticide …. is misbranded if its labeling is false or misleading in
any particular including both pesticidal and non-pesticidal claims.” -
Section 2(n)(1) of FIFRA, 7 U.S.C. § 136(n)(1), defines the term “ingredient statement” to
mean “a statement which contains the name and percentage of each active ingredient, and
the total percentage of all inert ingredients, in the pesticide.”Page 3 of 14In the Matter of: SiteOne Landscape Supply, Inc.
Consent Agreement and Final Order EPA Docket No: FIFRA-HQ-2024-5015 -
The regulation set forth at 40 C.F.R. § 156.10(g)(1) states that, “[t]he label of each pesticide
product must bear a statement which contains the name and percentage by weight of each
active ingredient” and “the total percentage by weight of all inert ingredients.” Further,
“[t]he active ingredients must be designated by the term ‘active ingredient’ and the inert
ingredients by the term ‘inert ingredients’ or the singular forms of these terms when
appropriate. Both terms shall be in the same type size, be aligned to the same margin and
be equally prominent.” -
Furthermore, 40 C.F.R. § 156.10(g)(2) states that the ingredient statement is “normally
required on the front panel of the label” unless “there is an outside container or wrapper
through which the statement cannot be clearly read” or if the size or form of the package
makes placement on the front panel impracticable. -
Section 14(a)(1) of FIFRA, 7 U.S.C. § 136l(a)(1), states that any registrant, commercial
applicator, wholesaler, dealer, retailer, or other distributor who violates any provision of
this subchapter may be assessed a civil penalty by the EPA of not more than $5,000 for
each offense. 7 U.S.C. § 136l(a)(1). The Federal Civil Penalties Inflation Adjustment Act of
1990, as amended through 2015, 28 U.S.C. § 2461, and its implementing regulations set
forth at 40 C.F.R. § 19.4, increased the amount that can be assessed to $24,255 for each
offense occurring after November 2, 2015, when assessed on or after December 27, 2023.
See 88. Fed. Reg. 89309 (Dec. 27, 2023). -
Section 14(a)(4) of FIFRA, 7 U.S.C. § 136l(a)(4), provides that the EPA, in determining the
amount of the penalty, shall consider the appropriateness of such penalty to the size of the
business of the person charged, the effect on the person’s ability to continue in business,
and the gravity of the violation.IV. COMPLAINANT’S FINDINGS OF FACT AND CONCLUSIONS OF LAW
-
LESCO Dimension™ 0.21% Plus Fertilizer, EPA Registration No. 10404-87 (“LESCO
Dimension”) is an EPA-registered combination herbicide-fertilizer product that contains the
active ingredient dithiopyr. -
LESCO Dimension is and was at all times relevant to the allegations herein a pesticide as
that term is defined in section 2(u) of FIFRA, 7 U.S.C. § 136(u). -
Respondent is and was at all times relevant to the allegations herein, a corporation and,
therefore, a person as that term is defined in section 2(s) of FIFRA, 7 U.S.C. § 136(s). -
Respondent is the parent company of LESCO, Inc., a wholly owned subsidiary.
-
LESCO, Inc. is the registrant of record for LESCO Dimension.
-
The EPA accepted two labels for LESCO Dimension, one designated as commercial, and
the other designated as non-commercial. This case involves the product’s non-commercialPage 4 of 14In the Matter of: SiteOne Landscape Supply, Inc.
Consent Agreement and Final Order EPA Docket No: FIFRA-HQ-2024-5015label.
-
On August 16, 2023, an inspector from the Oregon Department of Agriculture (ODA)
conducted an inspection at a home improvement store in Keizer, Oregon, where they
observed stocks of LESCO Dimension with labels that deviated from the EPA-accepted
label, e.g., they were missing the ingredient statement and certain directions for use. -
On August 18, 2023, ODA issued LESCO, Inc a stop sale, use or removal order under state
authority prohibiting the distribution or sale of LESCO Dimension within Oregon. -
Respondent promptly directed its customer to halt all sales of LESCO Dimension in all
states, pending further evaluation. -
On September 1, 2023, Respondent voluntarily disclosed to EPA that LESCO Dimension
products sold in other states were also subject to the labeling concerns and requested EPA’s
consent to address all such products. -
Between September 2023 and January 2024, the EPA collected and reviewed additional
information regarding the LESCO Dimension label. -
Based on records provided by Respondent, the EPA determined that on 137 occasions
between December 4, 2020 and August 1, 2023, Respondent shipped LESCO Dimension to
its customer’s distribution centers and retail locations in the US. The 137 shipments
carried, in total, 166,780 individual 50-lb bags of LESCO Dimension (“Products”). -
After comparing the EPA-accepted label with the label on the Products that were shipped,
the EPA identified several discrepancies, including that the Products’ labels:a) were missing an ingredient statement and therefore made the Products misbranded per section 2(q)(2)(A) of FIFRA, 7 U.S.C. § 136(q)(2)(A), and 40 C.F.R. § 156.10(g); b) were missing directions for use as related to application timing and therefore made the Products misbranded per section 2(q)(1)(E) of FIFRA, 7 U.S.C. § 136(q)(1)(E); and c) featured an unapproved alternate brand name, specifically, LESCO Dimension 0.21% Plus Fertilizer 30-0-5, when the accepted EPA label brand name is LESCO Dimension 0.21% Plus Fertilizer, and therefore made the Products misbranded per section 2(q)(1)(A) of FIFRA, 7 U.S.C. § 136(q)(1)(A), and 40 C.F.R. § 156.10(b). -
On December 18, 2023, Respondent submitted a plan for transporting the Products to EPA-
registered establishments for rework towards compliance. Respondent requested EPA
approval to implement the transportation plan. -
On February 15, 2024, based on its reason to believe that Respondent had distributed and
sold misbranded pesticides in violation of section 12(a)(1)(E) of FIFRA, 7 U.S.C. §
12(a)(1)(E), and Respondent’s prior request for permission to return the Products to EPA-Page 5 of 14In the Matter of: SiteOne Landscape Supply, Inc.
Consent Agreement and Final Order EPA Docket No: FIFRA-HQ-2024-5015registered establishments, the EPA issued a Stop Sale, Use or Removal Order (SSURO),
FIFRA-HQ-2024-5011, to Respondent pursuant to its authority in section 13(a) of FIFRA,
7 U.S.C. § 136k(a). -
The SSURO required Respondent to cease selling and distributing all misbranded LESCO
Dimension, except as permitted by the SSURO. -
The SSURO permitted Respondent to move stocks of misbranded LESCO Dimension for
the sole purpose of consolidating them at EPA-registered production establishments where
Respondent would either repackage the product into bags bearing the corrected label or
repurpose the product for use in other dithiopyr-containing products. If neither repackaging
or repurposing was feasible, Respondent would dispose of the product following all
applicable federal, state, and local regulations. -
Each of Respondent’s 137 shipments of misbranded LESCO Dimension constitutes an
unlawful distribution or sale of a misbranded pesticide per section 12(a)(1)(E) of FIFRA, 7
U.S.C. § 136j(a)(1)(E). -
Respondent may be assessed a civil penalty under the authority of section 14(a)(1) of
FIFRA, 7 U.S.C. §135l(a)(1), for each violation of section 12(a)(1)(E) of FIFRA, 7 U.S.C.
§ 136(a)(1)(E).V. CIVIL PENALTY -
Pursuant to Section 14(a)(4) of FIFRA, 7 U.S.C. § 136l(a)(4), Complainant has determined
that the appropriate civil penalty (“Civil Penalty”) to settle this action is THREE
HUNDRED ELEVEN THOUSAND THREE HUNDRED AND THIRTEEN Dollars
($311,313). In determining the penalty amount, Complainant considered the appropriateness
of the penalty to the size of Respondent’s business, the effect of paying a civil penalty on
Respondent’s ability to continue in business, and the gravity of the violation. 7 U.S.C.
§136l(a)(4). The Civil Penalty is consistent with the EPA’s FIFRA Enforcement Response
Policy (December 2009), and 40 C.F.R. pt. 19 titled Adjustment of Civil Monetary Penalties
for Inflation.VI. TERMS OF AGREEMENT -
The parties agree to submit this Consent Agreement to the Environmental Appeals Board
with a request that it be incorporated into a Final Order. -
Respondent admits the jurisdictional allegations in this CAFO and neither admits nor denies
any factual allegations in this CAFO. -
Respondent expressly waives any right to contest the allegations set forth herein and waives
its right to appeal the accompanying Final Order ratifying this Consent Agreement.Page 6 of 14In the Matter of: SiteOne Landscape Supply, Inc.
Consent Agreement and Final Order EPA Docket No: FIFRA-HQ-2024-5015 -
By signing this Consent Agreement, Respondent waives any rights or defenses that
Respondent has or may have for this matter to be resolved in federal court, including but not
limited to any right to a jury trial, and waives any right to challenge the lawfulness of the
final order accompanying the consent agreement. -
Respondent shall bear its own costs and attorney’s fees concerning this matter.
-
To the best of its knowledge and belief, Respondent attests that it is currently compliant with
FIFRA, 7 U.S.C. §§ 136 to 136y, and the SSURO. -
Respondent understands that this Consent Agreement and Final Order shall become
publicly available upon filing and represents that this Consent Agreement and Final Order
does not contain any information Respondent considers confidential business information. -
Respondent certifies that any information or representation it has supplied or made to the
EPA concerning this matter was, true, accurate, and complete at the time of submission and
that there has been no material change regarding the truthfulness, accuracy or completeness
of such information or representation. Further, Respondent understands that EPA shall have
the right to initiate further actions to recover appropriate relief if the EPA obtains evidence
that any information provided and/or representations made by Respondent to the EPA were
false, inaccurate, or misleading. -
The Parties consent to service of the filed CAFO by email to Christine Trostler at
[email protected] and Abdul Ibrahim at [email protected] (for
Complainant), and Cynthia AM Stroman at [email protected] and Granta Nakayama at
[email protected] (for Respondent). -
Respondent consents to the assessment of the Civil Penalty specified in Section V of this
Consent Agreement and agrees to pay such penalty to the United States within thirty (30)
calendar days following the filing date of the Final Order ratifying this Consent Agreement
(“Filing Date”). -
Respondent agrees to pay the Civil Penalty in the manner specified below:
a) Respondent shall pay the Civil Penalty and any interest, fees, and other charges due using any method, or combination of appropriate methods, as provided on the EPA website: https://www.epa.gov/financial/makepayment. For additional instructions see: https://www.epa.gov/financial/additional-instructions-making- payments-epa. b) All payments shall reference the Respondent’s name, address, and the docket number for this action (Docket No. FIFRA-HQ-2024-5015). c) All payments made by check must be payable to the order of the “Treasurer, United States of America”. If Respondent sends payment via standard mail delivery, the payment shall be addressed to the following address: Page 7 of 14In the Matter of: SiteOne Landscape Supply, Inc.
Consent Agreement and Final Order EPA Docket No: FIFRA-HQ-2024-5015U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979078 St. Louis, MO 63197-9000 If Respondent sends payment for signed receipt confirmation, the payment shall be sent to: U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center Government Lockbox 979078 3180 Rider Trail S. Earth City, MO 63045 d) All payments via wire transfer may be made using the following instructions: Federal Reserve Bank of New York ABA = 021030004 Account Number: 68010727 SWIFT address: FRNYUS33 33 Liberty Street New York, NY 10045 [Field Tag 4200 of the Fedwire message should read “68010727 US Environmental Protection Agency”] e) Concurrently or within 24 hours of payment, Respondent shall send proof of payment of the Civil Penalty to the following persons: Tommie Madison, Clerk of the Board U.S. Environmental Protection Agency, HQ 1200 Constitution Avenue, NW Mail Code 1103M Washington, DC 20460-0001 [email protected] Christine Trostler, Attorney U.S. Environmental Protection Agency, HQ 1200 Constitution Avenue, NW Washington, DC 20460 [email protected] Abdul Ibrahim, General Engineer Page 8 of 14In the Matter of: SiteOne Landscape Supply, Inc.
Consent Agreement and Final Order EPA Docket No: FIFRA-HQ-2024-5015U.S. Environmental Protection Agency, HQ 1200 Constitution Avenue, NW Washington, DC 20460 [email protected] and U.S. Environmental Protection Agency Cincinnati Finance Center Via electronic mail to: [email protected] “Proof of payment” means, as applicable, a copy of the check, confirmation of credit card or debit card payment, confirmation of wire or automated clearinghouse transfer, and any other information to demonstrate that payment has been timely made according to the EPA requirements, in the amount due, and identified with Respondent’s name and “Docket No. FIFRA-HQ-2024-5015”. -
Interest, Charges, and Penalties on Late Payments. Pursuant to 31 U.S.C. § 3717, 40 C.F.R.
§ 13.11, and 31 C.F.R. § 901.9, if Respondent fails to timely pay the full amount of the
Civil Penalty per this Consent Agreement, the EPA is authorized to recover, in addition to
the amount of the unpaid Civil Penalty, the following amounts.a) Interest. Interest on the civil penalty will begin to accrue from the Filing Date. If the Civil Penalty is paid in full within thirty (30) calendar days, the interest accrued will be waived. If the Civil Penalty is not paid in full within thirty (30) calendar days, interest will continue to accrue until any unpaid portion of the Civil Penalty plus any accrued interests, penalties, and other charges are paid in full. The interest rate is set at the IRS large corporate underpayment rate. See 31 U.S.C. § 3717; 31 C.F.R. § 901.9; 40 C.F.R. §§ 13.9 and 13.11. b) Late Payment Penalty. A late payment penalty of six percent (6%) per annum, will be assessed monthly on all debts, including any unpaid portion of the Civil Penalty, interest, penalties, and other charges, that remain delinquent more than ninety (90) calendar days from the Filing Date. 31 U.S.C. §§ 3717(e)(2), (f); 40 C.F.R. § 13.11(c). c) Administrative Fees. Consistent with the EPA’s Resource Management Directives: 2540-09-P2 – Non-Federal Delinquent Debt, an administrative handling fee of $15.00 will be charged every 30 calendar days from the date payment is past due. 31 U.S.C. § 3717(e)(1); 40 C.F.R. § 13.11(b). -
Late Penalty Actions. In addition to the amounts described in the prior paragraph, if
Respondent fails to timely pay any portion of the Civil Penalty, interest, or other charges
and penalties per this CAFO, the EPA may take additional actions. Such actions the EPAPage 9 of 14In the Matter of: SiteOne Landscape Supply, Inc.
Consent Agreement and Final Order EPA Docket No: FIFRA-HQ-2024-5015may take include, but are not limited to, the following actions. The validity, amount, and
appropriateness of the civil penalty is not reviewable in a collection action.a) Refer the debt to a credit reporting agency or a collection agency, per 40 C.F.R. § 13.13 and 13.14. b) Collect the debt by administrative offset (i.e., the withholding of money payable by the United States government to, or held by the United States government for, a person to satisfy the debt the person owes the United States government), which includes, but is not limited to, referral to the Internal Revenue Service for offset against income tax refunds, per 40 C.F.R. Part 13, Subparts C and H. c) Suspend or revoke Respondent’s licenses or other privileges or suspend or disqualify Respondent from doing business with the EPA or engaging in programs the EPA sponsors or funds, per 40 C.F.R. § 13.17. d) Refer the matter to the Attorney General, who will recover such amount by action in the appropriate United States district court, consistent with section 14(a)(5) of FIFRA. 7 U.S.C. § 136l(a)(5). -
Allocation of Payments. Pursuant to 31 C.F.R. § 901.9(f) and 40 C.F.R. § 13.11(d), a partial
payment of debt will be applied first to outstanding handling charges, second to late penalty
charges, third to accrued interest, and last to the principal that is the outstanding Civil
Penalty amount. -
Tax Treatment of Penalties. Penalties, interest, and other charges paid pursuant to this
CAFO shall not be deductible for purposes of federal taxes. 26 U.S.C. § 162(f); 26 C.F.R. §
1.162-21.VII. EFFECT OF CONSENT AGREEMENT AND FINAL ORDER -
In accordance with 40 C.F.R. § 22.18(c), Respondent’s full compliance with this Consent
Agreement shall only resolve Respondent’s liability for all federal civil penalties for the
violations alleged in section IV of this CAFO. -
Nothing in this CAFO shall relieve Respondent of its obligation to comply with all
applicable provisions of FIFRA and other federal, state, and local laws and regulations, nor
shall it restrict the EPA’s authority to seek compliance with any applicable laws or
regulations. -
This CAFO does not affect the right of the EPA or the United States to pursue appropriate
injunctive or other equitable relief or criminal sanctions for any violations of law.Page 10 of 14In the Matter of: SiteOne Landscape Supply, Inc.
Consent Agreement and Final Order EPA Docket No: FIFRA-HQ-2024-5015 -
This Consent Agreement and Final Order shall apply to and be binding upon the EPA,
Respondent, and Respondent’s officers, directors, employees, contractors, successors,
agents, and assigns. -
Each person signing this Consent Agreement certifies that he or she has the authority to
sign for the party whom he or she represents and to bind that party to its terms. -
This Consent Agreement shall become effective after the Board-ratified CAFO is filed with
the Clerk of the Environmental Appeals Board. -
The EPA reserves all rights and remedies available to it under FIFRA, the regulations
promulgated thereunder, and any other federal law or regulation to enforce the terms of this
Consent Agreement and Final Order. -
This Consent Agreement and Final Order shall not be construed as a ruling on the validity
of any federal, state, or local law. -
This Consent Agreement and Final Order constitutes the entire agreement and
understanding between the Parties regarding settlement of all claims for civil penalties
pertaining to the specific violations alleged herein.VIII. TAX REPORTING -
Pursuant to 26 U.S.C. § 6050X and 26 C.F.R. § 1.6050X-1, the EPA is required to send to
the Internal Revenue Service (“IRS”) annually, a completed IRS Form 1098-F (“Fines,
Penalties, and Other Amounts”) with respect to any court order or settlement agreement
(including administrative settlements), that require a payor to pay an aggregate amount
that EPA reasonably believes will be equal to, or in excess of, $50,000 for the payor’s
violation of any law or the investigation or inquiry into the payor’s potential violation of
any law, including amounts paid for “restitution or remediation of property” or to come
“into compliance with a law.” The EPA is further required to furnish a written statement,
which provides the same information provided to the IRS, to each payor (i.e., a copy of
IRS Form 1098-F).Failure to comply with providing IRS Form W-9 or Tax Identification
Number (“TIN”), as described below, may subject Respondent to a penalty, per 26 U.S.C. § 6723,
26 U.S.C. § 6724(d)(3), and 26 C.F.R. § 301.6723-1. In order to provide the EPA with sufficient
information to enable it to fulfill these obligations, the EPA herein requires, and Respondent herein
agrees, that:a) Respondent shall complete an IRS Form W-9 (“Request for Taxpayer Identification Number and Certification”), which is available at https://www.irs.gov/pub/irs-pdf/fw9.pdf; b) Respondent shall therein certify that its completed IRS Form W-9 includes Respondent’s correct TIN or that Respondent has applied and is waiting for issuance of a TIN; Page 11 of 14In the Matter of: SiteOne Landscape Supply, Inc.
Consent Agreement and Final Order EPA Docket No: FIFRA-HQ-2024-5015c) Respondent shall email its completed Form W-9 to the EPA’s Cincinnati Finance Center at [email protected], within 30 days after the Final Order ratifying this Consent Agreement is filed, and the EPA recommends encrypting IRS Form W-9 email correspondence; and d) In the event that Respondent has certified in its completed IRS Form W-9 that it has applied for a TIN and that TIN has not been issued to Respondent within 30 days after the Filing Date, then Respondent, using the same email address identified in the preceding sub-paragraph, shall further: i. Notify the EPA’s Cincinnati Finance Center of this fact, via email, within 30 days after the 30 days after the filing date per paragraph 58 of this order; and ii. Provide the EPA’s Cincinnati Finance Center with Respondent’s TIN, via email, within five (5) days of Respondent’s issuance and receipt of the TIN. Page 12 of 14In the Matter of: SiteOne Landscape Supply, Inc.
Consent Agreement and Final Order EPA Docket No: FIFRA-HQ-2024-5015
The foregoing Consent Agreement in the matter of SiteOne Landscape Supply, Inc., Docket No. FIFRA-HQ-2024-5015, is hereby agreed to and approved for submission to the U.S. EPA Environmental Appeals Board.
FOR RESPONDENT: SITEONE LANDSCAPE SUPPLY, INC.
Respondent
By: _____________________________________
[Digital Signature and Date]
Travis Jackson, General Counsel
SiteOne Landscape Supply Inc.
Attorney for Respondent
By: 07/10/2025
_____________________________________
[Digital Signature and Date]
Cynthia AM Stroman, Counsel
King & Spalding LLP
Attorney for Respondent
By: _______
[Digital Signature and Date]
Granta (“Grant”) Nakayama, Counsel
King & Spalding LLP
Page 13 of 14
In the Matter of: SiteOne Landscape Supply, Inc.
Consent Agreement and Final Order EPA Docket No: FIFRA-HQ-2024-5015
FOR COMPLAINANT: UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY
Complainant
GREGORY Digitally signed by
GREGORY SULLIVAN
Date: 2025.07.17
By:
SULLIVAN 16:15:00 -04'00'
___________
[Digital Signature and Date]
Gregory Sullivan, Director
Waste and Chemical Enforcement Division
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
Attorney for Complainant
Digitally signed by Trostler,
Trostler, Christine Christine
By: _________________________________________
Date: 2025.08.12 15:58:51 -04'00'
[Digital Signature and Date]
Christine Trostler, Attorney
Waste and Chemical Enforcement Division
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
Page 14 of 14
CERTIFICATE OF SERVICE
I certify that copies of the foregoing “Consent Agreement” and “Final Order,” in the matter of
SiteOne Landscape Supply, Inc., Docket No. FIFRA-HQ-2024-5015, were sent to the following persons in the manner indicated:
By E-mail:
For EPA For Respondent
Christine Trostler, Attorney Travis Jackson, General Counsel Waste and Chemical Enforcement Division SiteOne Landscape Supply, Inc. Office of Civil Enforcement 300 Colonial Center Parkway, Suite 600 Office of Enforcement and Compliance Assurance Roswell, GA 30076 U.S. Environmental Protection Agency [email protected] 1200 Pennsylvania Ave., NW Washington, DC 20460 Granta Nakayama, Counsel [email protected] King & Spalding LLP
1700 Pennsylvania Avenue, NW
Abdul Ibrahim, General Engineer Suite 900 Waste and Chemical Enforcement Division Washington, DC 20006 Office of Civil Enforcement [email protected] Office of Enforcement and Compliance Assurance U.S. Environmental Protection Agency Cynthia AM Stroman, Counsel 1200 Pennsylvania Ave., NW King & Spalding LLP Washington, DC 20460 1700 Pennsylvania Avenue, NW [email protected] Suite 900
Washington, DC 20006
[email protected]
Digitally signed by
GRANT MACINTYRE
Date: 2025.08.15
09:54:21 -04'00'
________________________________
Grant MacIntyre
Senior Counsel
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