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Agriculture Department issues fines and suspensions for pesticide violations 

OLYMPIA – During the fourth quarter of 2005, the state Department of Agriculture (WSDA) issued fines totaling $8,825 against five individuals and two corporations for violating state pesticide laws and rules. Four of the individuals had their licenses temporarily suspended.

Fines ranged from $150 to $4,000 for violations that included making pesticide applications without a proper license, not following pesticide label directions, and failure to properly train agricultural workers about pesticide safety.

Actions taken involved incidents in Benton, Yakima, Spokane and Snohomish counties:

Charles Jennings, Turfpro Tree and Lawn LLC, Prosser, was fined $4,000, and his commercial pesticide applicator license was suspended for 20 days. Jennings operated his pesticide application business in 2004 and early 2005 without being properly licensed by WSDA.

Vincente Alacantar, Outlook, and Mario Martinez, Selah. WSDA alleged that an application in March 2005, made by Alcantar to Martinez’ orchard, drifted onto an adjacent residence where it exposed a person to the pesticide spray. Matters were resolved with both Alcantar and Martinez when they agreed to pay $150 each, and have their licenses suspended for seven days. Martinez further agreed to use equipment in the future that would significantly reduce drift.

Tod Wilmoth, Zag Orchards and CPC International Apple Co., Tieton. WSDA alleged that in 2005, Wilmoth and CPC International Apple Co. failed to train agricultural workers about pesticide safety as required by state Worker Protection Standards. The matter was resolved when Wilmoth and CPC International Apple Co. agreed to pay $900.

TruGreen Limited Partnership doing business as TruGreen Chemlawn Branch 5337, Spokane, was fined $2,600 for damaging landscape ornamentals of several customers in April 2005. Two operators from the corporation sprayed the customers’ trees and shrubs with a pesticide mix that was contaminated with a herbicide.

Don Kiehl, Amerispec Home Inspections, Spokane. WSDA alleged that in November 2004, Kiehl failed to conduct a thorough and accurate wood destroying organism inspection on a house in Spokane. The matter was resolved when Kiehl agreed to pay $425 and have his license suspended for eight days.

James Pingree, World Inspection Network, Marysville, was assessed a fine of $600 for failing to submit a wood destroying organism report to WSDA for an inspection he conducted on a Bothell house in June 2005.

Penalty matrix used by WSDA to levy fines and suspensions

A penalty matrix is used to ensure penalties are uniform and fair. The matrix takes into account the seriousness of the violation, whether it is a first or a repeat offense, and whether there are any aggravating or mitigating factors involved. Larger penalties often reflect repeat offenses or multiple violations within the same incident.

WSDA enforces state and federal laws to protect people, property and the environment against the improper use of pesticides. Staff also provides technical assistance to the pesticide industry and consumers, and enforces the rules on structural inspections for wood destroying organisms, such as wood rot, carpenter ants, or termites. About 200 allegations of improper distribution or misuse of pesticides, or faulty structural inspections are investigated each year.

To file a complaint involving the misuse of a pesticide, or to find out if a pesticide applicator or structural pest inspector is licensed, call (877) 301-4555.

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