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CASE SUMMARY - Office of Indiana State Chemist

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Complainant:<br />

Applicator:<br />

<strong>CASE</strong> <strong>SUMMARY</strong><br />

<strong>Office</strong> <strong>of</strong> <strong>Indiana</strong> <strong>State</strong> <strong>Chemist</strong> (OISC)<br />

175 S. University St.<br />

West Lafayette, IN 47907<br />

800-893-6637<br />

Sol Bernhardt<br />

Windy Hill Country Club<br />

37 N. Hwy 231<br />

Greencastle, IN 46135<br />

Case #2005/0551<br />

1. On 7-28-05, I conducted an inspection at the above named facility.<br />

2. As I was arriving I observed Mr. Bernhardt, course superintendent, making an<br />

application <strong>of</strong> an unknown pesticide to the fairway that was later identified as #10<br />

fairway. I could see that Mr. Bernhardt was wearing short pants, short sleeve shirt<br />

and no gloves.<br />

3. I then identified myself to Mr. Bernhardt and we went to his <strong>of</strong>fice. I issued a<br />

Notice <strong>of</strong> Inspection and explained to him what I had witnessed. He immediately<br />

admitted that he was not wearing the proper personal protective equipment.<br />

4. Mr. Bernhardt advised that he was making an application <strong>of</strong> Drive 75 DF<br />

Herbicide, (EPA Reg. #7969-130) active ingredient quinclorac.<br />

5. The label for Drive states, “Applicators and other handlers must wear: *long<br />

sleeved shirt and long pants *Chemical resistant gloves *shoes plus socks.”<br />

6. I could also see that there were no precautions made to see that golfers were<br />

notified that an application had been made. Mr. Bernhardt did not take any special<br />

steps to keep golfers out <strong>of</strong> the areas treated until they were dry. The label for<br />

Drive also states, “Do not enter or allow others to enter the treated area until<br />

sprays have dried.”<br />

DISPOSITION: Sol Bernhardt and Windy Hill Country Club were cited for<br />

violation <strong>of</strong> section 14(2) <strong>of</strong> the <strong>Indiana</strong> Pesticide Use and Application Law for<br />

failure to follow label directions regarding the use <strong>of</strong> personal protective equipment<br />

and for failure to prohibit others from entering treated areas. A civil penalty in the<br />

amount <strong>of</strong> $250.00 was assessed for this violation.<br />

Kevin W. Neal Date: September 20, 2005<br />

Pesticide Investigator

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