Document rB17eedDwQ0nr67BJ16mj2O2e

FILED UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 09 NOV 23 PM 01:43 REGION 6 1201 Elm Street, Suite 500 REGIONAL HEARING CLERK EPA REGION 6 Dallas, Texas 75270 In the Matter of Silvcrcot, Inc., Respondent. Docket No. FIFRA-06-2024-0301 EXPEDITED SETTLEMENT AGREEMENT AND FINAL ORDER I. The U.S. Environmental Protection Agency, Region 6 ("EPA" or "Complainant" alleges that Silvercot, Inc. ("Respondent") failed to comply with Section 7(c) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136e(c). 2. Section 7(c) of FIFRA, 7 U.S.C. l36e(c), requires any producer operating an establishment registered under Section 7 of FIFRA, 7 U.S.C. 136e(c), to inform the 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. I36e(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. l 36e. 3. The regulations at 40 C.F.R. Part 167 set out the registration and reporting requirements for pesticide and active /ngredient producing establishments. Pursuant to 40 C.F.R. I67.85(d), a producer operating an establishment must submit an initial report no later than 30 days after the first registration of each establishment the producer operates. Thereafter, the In the Matter of Si/vercot, Inc. Docket No. FIFRA-06-2024-0301 producer must submit an annual report on or before March l ofeach year, even if the producer has produced no pesticidal product for that reporting year. 4. Respondent operates the establishment assigned Establishment No. 73943-TX- t located in Silverton, Texas. 5. Respondent failed to timely submit an annual pesticide production report on or before March I, 202 I for Establishment No. 73943-TX-1. 6. Respondent's fa ilure to timely submit an annual pesticide production report on or before March I, 2021 for Establishment No. 73943-TX-I is a violation of Section 7(c) ofFffRA, 7 U.S.C. 136e(c). 7. The EPA is authorized to enter into this Expedited Settlement Agreement and Final Order ("Agreement"), and this proceeding for the assessment of a civil penalty is simultaneously commenced and concluded, pursuant to Section 14(a) of FIFRA, 7 U.S.C. 136l(a), and 40 C.F.R. 22.13(b). 8. In signing this Agreement, Respondent: (a) admits that Respondent is subject to the requirements set forth above; (b) admits that the 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. 9. 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 Page 2 of7 In the Maller ofSi/vercot. Inc. Docket No. FIFRA-06-2024-0301 as set forth below; (c) has submitted a true and accurate proofof 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. I0. The 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 identi fied Respondent by name and docket number, was made by certified or cashier's check made payable to the "United States Treasury" and sent to: U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center PO Box 979078 St. Louis, Missouri 63197-9000 or by alternate payment method described at http://www.epa.gov/financial/makepayment. Respondent certifies that the original Agreement and a true and accurate copy of the deposit for payment was submitted to: Blake Sieminski Enforcement and Compliance Assurance Division Waste Enforcement Branch U.S. Environmental Protection Agency, Region 6 1201 Elm Street, Suite 500 (ECDST) Dallas, Texas 75270-210 I Sieminski.Blake@epa.gov or by alternate payment method described at http:/lwww.epa.gov/financial/makepayment. I I. Full payment ofthe civil penalty shall only resolve Respondent's liability for federal civil penalties for the violations alleged herein. The EPA reserves the right lo take any enforcement action with respect to any other past, present, or future violations of FfFRA or any other applicable law. Page 3 of7 In the Maller ofSilvercot, Inc. Docket No. FIFRA-06-2024-0301 12. The penalty specified herein shall represent civil penalties assessed by EPA and shall not be deductible for purposes of Federal, State and local taxes. 13. Upon signing and returning this Agreement to the EPA, Respondent waives the opportunity for a hearing or appeal pursuant to FIFRA. 14. Each party shal l bear its own costs and fees, if any. 15. This Agreement authorized by the EPA's execution of the Final Order attached hereto constitutes a final order under 40 C.F.R. Part 22. 16. This Agreement is binding on the parties signing below, and in accordance with 40 C.F.R. 22.31 (b), is effective upon filing. 17. The EPA and Respondent agree to the use of electronic signatures for this matter pursuant to 40 C.F.R. 22.6. The EPA and Respondent further agree to electronic service of this Agreement by email to the following: To EPA: Sicminski.blakc(@.epa.gov To Respondent: SJLVERCOTGIN@MIDPLAINS.COOP Page4 of7 RESPONDENT: Silvercot, Inc. Date: /P-f!-h1 In the Matter ofSi/vercot, Inc. Docket No. FIFRA-06-2024-0301 Signature Name I COMPLAINANT: U.S. ENVIRONMENTAL PROTECTION AGENCY Date: November 6, 2023 Digitally signed by CHERYL SEAGER Date: 2023.11.0613:17:51 -06'00' Cheryl T. Seager Director Enforcement and Compliance Assurance Division U.S. EPA, Region 6 Page 5 of7 In the Maller ofSi/vercol, Inc. Docket No. F/FRA-06-2024-0301 FINAL ORDER Pursuant to Section 14(a) of FIFRA, 7 U.S.C. 136/(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. Respondent 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 in 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. THOMAS RUCKI Digitally signed by THOMAS RUCKI Date: 2023.1 1.0914:37:49 -05'00' Thomas Rucki Regional Judicial Officer Date Page 6 of7 In the Matter o/Silvercot, Inc. Docket No. FJFRA -06-2024-0301 CERTIFICATE OF SERVICE I certify that a true and correct copy of the forego ing Expedited Settlement Agreement and Final Order was delivered to the Regional Hearing Clerk, U.S. EPA, Region 6, 120 I Elm Street, Dallas, Texas 75270-2102, and that a true and correct copy was sent this day in the following manner to the addressees: Copy via Email to Complainant: Si eminski.blak e(@,e pa.gov Copy via Email to Respondent: SJLVERCOTGfN @MIDPLA INS.COOP BLAKE Digitally signed by BLAKE SIEMINSKI SIEMINSKI Date: 2023.11.14 11 :36:05 -06'00' Signed Enforcement and Compliance Assurance Division U.S. EPA, Region 6 Page 7 of7