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Monsanto Company, Violation of FIFRA and RCRA, Hawaii 2020

Maui, HI – Agricultural giant Monsanto Company has been penalized over $10.2 million for illegally spraying a banned pesticide and mishandling hazardous waste at its Maui research facility, according to court documents unsealed this week. The company pleaded guilty to federal charges stemming from violations of both the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Resource Conservation and Recovery Act (RCRA).

The Environmental Protection Agency (EPA) investigation revealed that in 2014, Monsanto knowingly applied Penncap-M, a pesticide prohibited for use after 2013, to research crops on its Hawaiian property. Despite receiving explicit notification from the EPA regarding the ban, the company proceeded with the spraying, demonstrating a blatant disregard for federal regulations designed to protect both workers and the environment. This action violated 7 U.S.C. 136l(b)(1)(B) and 7 U.S.C. 136j(a)(2)(K).

The violations didn’t stop with the illegal pesticide application. Following the Penncap-M spraying, Monsanto directed employees to re-enter the treated fields a mere seven days later. Federal regulations mandate a minimum 30-day restricted entry period after application of such a substance, designed to ensure worker safety and prevent exposure to potentially harmful chemicals. This deliberate circumvention of safety protocols further compounded the severity of the offense.

Hazardous Waste Mishandling

Beyond the pesticide violations, the EPA’s investigation also uncovered two instances of unlawful storage of acute hazardous waste, breaching RCRA regulations. The details surrounding the specific hazardous waste remain sealed, but the agency confirmed it posed a significant threat to public health and the environment. Monsanto entered into a deferred prosecution agreement concerning these RCRA violations, acknowledging the severity of the improper handling.

Financial Penalties and Community Service

As part of the settlement finalized on December 16, 2020, Monsanto agreed to pay a total of $10.2 million. This includes a $200,000 criminal fine for the FIFRA violation, a $6 million fine related to the RCRA breaches, and a substantial $4 million in community service payments directed to various Hawaiian government entities. The funds are intended to support environmental restoration projects and bolster public health initiatives within the state.

This case highlights the EPA’s ongoing commitment to holding corporations accountable for environmental crimes and prioritizing worker safety. The significant financial penalties levied against Monsanto serve as a stark warning to other companies operating in the agricultural sector – knowingly violating federal regulations will not be tolerated. GrimyTimes will continue to follow this case and report on any further developments.

Key Facts

  • Defendant: Monsanto Company
  • Location: Maui, Hawaii
  • Year: 2020
  • Violations: Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) & Resource Conservation and Recovery Act (RCRA)
  • Illegal Activity: Spraying banned pesticide (Penncap-M) and improper hazardous waste storage.
  • Penalties: $10.2 million in fines and community service payments. Specifically, $200,000 for FIFRA, $6 million for RCRA, and $4 million in community service.
  • Worker Safety Issue: Employees directed to re-enter treated fields before the legally mandated 30-day restricted entry period.

Source: EPA ECHO Enforcement Case Database

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