Document q3Qj1JwbXa49x7LybqbdRLnRq

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 DALLAS, TEXAS FILED 15 JAN 26 PM 04:25 REGIONAL HEARING CLERK EPA REGION 6 In the Matter of Chemmark of Houston, Inc., Respondent. Docket No. FIFRA-06-2026-0335 EXPEDITED SETTLEMENT AGREEMENT AND FINAL ORDER 1. The U.S. Environmental Protection Agency, Region 6 ("EPA" or "Complainant" alleges that Chemmark of Houston, Inc. ("Respondent") failed to comply with Section 7(c) of the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA" or the "Act"), 7 U.S.C. 136e(c). 2. Section 7(c) of FIFRA, 7 U.S.C. 136e(c), requires any producer operating an establishment registered under Section 7 of FIFRA, 7 U.S.C. 136e(c), to inform EPA of the types and amounts of pesticides and, if applicable, active ingredients used in producing pesticides, which the producer is currently producing, which the producer has produced during the past year, and which the producer has sold or distributed during the past year. The information required by Section 7(c) of FIFRA, 7 U.S.C. 136e(c), must be kept current and submitted to the EPA annually as required under any regulation issued pursuant to Section 7 of FIFRA, 7 U.S.C. 136e. 3. The regulations at 40 C.F.R. Part 167 set out the registration and reporting .requirements for pesticide and active ingredient producing establishments. Pursuant to 40 C.F.R. 167.8S(d), a producer operating an establishment must submit an initial report no later Chemmark of Houston, Inc. Docket No. FIFRA-06-2026-0335 than 30 days after the first registration of each establishment the producer operates. Thereafter, the producer must submit an annual report on or before March 1 of each year, even if the producer has produced no pesticidal product for that reporting year. 1. Respondent operates the establishment assigned Establishment No. 74620-TX-1 located in Houston, Texas. 2. Respondent failed to timely submit an annual pesticide production report on or before March 1, 2025, for Establishment No. 74620-TX-l. 3. Respondent's failure to timely submit an annual pesticide production report on or before March 1, 2025, for Establishment No. 74620-TX-1 is a violation of Section 7(c) of FIFRA, 7 u.s.c. 136e(c). 4. EPA is authorized to enter into this Expedited Se~lement Agreement and Final ' . Order ("Agreement"), and this proceeding for the asse~sment of a civil penalty is simultaneously commenced and concluded, pursuant to Section 14(a) of FIFRA, 7 U.S.C. 1361(a), and 40 C.F.R. 22.13(b). 4. In signing this Agreement, Respondent: (a) admits that Respondent is subject to the requirements set forth above; (b) admits that EPA has jurisdiction over Respondent and Respondent's conduct as alleged herein; (c) neither admits nor denies the factual allegations contained herein; (d) consents to the assessment of this penalty; and (e) waives any right to contest the allegations contained herein, and its right to appeal the proposed Final Order attached hereto; (f) 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 2 Chemmark of Houston, Inc. Docket No. FIFRA-06-2026-0335 waives any right to challenge the !_awfulness of the final order accompanying the consent agreement. 5. By signature below, Respondent certifies, subject to civil and criminal penalties for making a false submission to the United States Government, that Respondent: (a) has corrected the alleged violation, and has submitted true and accurate documentation of such correction along with this Agreement; (b) has provided a deposit for payment of the civil penalty as set forth below; (c) has submitted a true and accurate proof of deposit for payment of the civil penalty along with this Agreement; and (d) agrees to release the deposit for payment to EPA upon entry of the Final Order attached hereto. 6. EPA and Respondent agree that settlement of this matter for a civil penalty in the amount of Five Hundred dollars ($500.00) is in the public interest. Respondent certifies that it has provided a deposit for payment for the full civil penalty amount, and that such payment identified Respondent by name and docket number, was made by a payment method described at http://www.epa.gov/financial/makepayment. Respondent certifies that a true and accurate copy of the Agreement and the deposit for payment was emailed to: Kiera Hancock Enforcement and Compliance Assurance Division Waste Enforcement Branch U.S. Environmental Protection Agency, Region 6 Hancock.Kiera@epa.gov 7. Full payment of the civil penalty shall only resolve Respondent's liability for federal civil penalties for the violations alleged herein. EPA reserves the right to take any enforcement action with respect to any other past, present, or future violations of FIFRA or any other applicable law. 3 Chemmark of Houston, Inc. Docket No. FIFRA-06-2026-0335 8. The penalty specified herein shall represent civil penalties assessed by EPA and shall not be deductible for purposes of Federal, State and local taxes. 9. Upon signing and returning this Agreement to EPA, Respondent waives the opportunity for~ hearing or appeal pursuant to FIFRA. 10. Each party shall bear its own costs and fees, if any. 11. This Agreement authorized by EPA's execution of the Final Order attached hereto constitutes a final order under 40 C.F.R. Part 22. 12. This Agreement is binding on the parties signing below, and in accordance with 40 C.F.R. 22.31(b), is effective upon filing. 13. EPA and Respondent agree to the use of electronic signatures for this matter pursuant to 40 C.F.R. 22.6. EPA and Respondent further agree to electronic service of this Agreement by email to the following: To EPA: Roland.Alexandrea@epa.gov To Respondent: beckypickens@mindspring.com 4 RESPONDENT: CHEMMARK OF HOUSTON, INC. Chemmark of Houston, Inc. Docket No. FIFRA-06-2026-0335 Date: f- ZMOh ~~ Signature Title COMPLAINANT: U.S. ENVIRONMENTAL PROTECTION AGENCY Date: January 15, 2026 Digitally signed by CHERYL SEAGER Date: 2026.01 .15 13:11:59 -06'00' Cheryl T. Seager Director Enforcement and Compliance Assurance Division U.S. EPA, Region 6 5 -- ---- Chemmark of Houston, Inc. Docket No. FIFRA-06-2026-0335 FINAL ORDER Pursuant to Section 14(a) of FIFRA, 7 U.S.C. 136I(a), and the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/ Termination or Suspension of Permits, 40 C.F.R. Part 22, the foregoing Expedited Settlement . ., Agreement resolving this matter is hereby ratified and incorporated by reference into this Final Order. Chemmark of Houston, Inc. is ORDERED to comply with all of the terms of the Expedited Settlement Agreement. In accordance with 40 C.F.R. 22.31(b), the effective date of the foregoing Expedited Settlement Agreement and this Final Order is the date on which this Final Order is filed with the Regional Hearing Clerk. This Final Order shall resolve only those causes of action alleged i'n the Expedited Settlement Agreement. Nothing in this Final Order shall be construed to waive, extinguish, or otherwise affect Respondents' (or its officers, agents, servants, employees, successors, or assigns) obligation to comply with all applicable federal, state, and local statutes and regulations, including the regulations that were the subject of this action. IT IS SO ORDERED. Dated _ _ _ _ _ _ __ Ryland , Renea Digitally signed by Ryland. Renea Date: 2026.01.15 16:18:01 -06'00' Thomas Rucki Regional Judicial Officer 6 Chemmark of Houston, Inc. Docket No. FIFRA-06-2026-0335 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing Expedited Settlement Agreement and Final Order was filed with me, the Regional Hearing Clerk, U.S. EPA - Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270-2102, and that I sent a true and correct copy on this day in the following manner to the email addresses: Copy via Email to Complainant: Hancock.Kiera@epa .gov Copy via Email to Respondent: beckypickens@mindspring.com shannonmayer@mindspring.com Becky Pickens and Shannon Mayer Chemmark of Houston, Inc. 6531 Petropark Drive Houston, Texas, 77041 Regional Hearing Clerk U.S. EPA, Region 6