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ral UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
giFirg(%+otEo REGION VIII
1860 LINCOLN STREET
DENVER.COLORADO 80295
APR 2 1979
REF: 80PAIR
Mr. Leonard Roe
Weld County Commissioner
District 3
P. 0. Box 758
Greeley, Colorado 80631
Dear Mr. Roe:
We received your letter concerning the enforcement complaints filed
by EPA against Easton Aerial Sprayers. Alan Merson has been apprised of
your concern, but because the possibility exists that he will have to
serve as hearing officer in this case, we thought it more appropriate
that I respond to your letter.
I would like to outline the procedures that are followed by this
agency in pesticide enforcement actions, specifically as they apply to
this case. First, EPA responded to public complaints in both the inci-
dents in question. We conducted an investigation into these complaints,
which included formal conversations with Mr. Easton. We found sufficient
evidence to warrant a civil complaint in both cases, a procedure which is
prescribed by law for commercial applicators.
There remain, however, a number of procedures which will allow
Mr. Easton opportunity to present exculpatory or mitigating evidence
in this case. First, if no out-of-court settlement is reached, a formal
hearing will be held - probably within the next couple of months - at
which an administrative law judge will preside. The hearing will be held
in Weld County for the convenience of Mr. Easton. Whatever the deter-
mination of the judge, both parties have the right to appeal to the
Regional Administrator. If the case is appealed, Alan Merson as Regional
Administrator will serve as hearing officer. If he decides in favor of
Mr. Easton, that ends the case; if, however, Mr. Easton is unsatisfied
with the judgment he can appeal at that point directly to the federal
circuit court. The agency cannot so appeal .
Mr. Easton will not be subject to a civil penalty until all these
procedures have been followed. The amount of the civil penalty, should
he be found liable for violations, would be determined with reference
to the evidence as presented in the hearings.
790(192
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(( hit 7
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I am confident that the process as outlined provides a protection
against arbitrary government enforcement. We do not feel we can, at this
point, withdraw the complaints against Mr. Easton. If you have any
questions, please contact me and I will be happy to answer them for you.
Sincerely,
, W/aiiii(-21 _,_
,arce Vinson, Director
Enforcement Division
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