SUMMARY OF CIVIL PENALTIES - Office of Indiana State Chemist

Complainant:Target:CASE SUMMARYOffice of Indiana State Chemist (OISC)175 South University StreetWest Lafayette, IN 47907-2063800-893-6637Kapp’s Green Lawn, Inc.Brian Q. Albright10710 Pendleton Pike, Suite AIndianapolis, IN 46236317-826-3680Certified ApplicatorCase #2009/09221. On September 8, 2009, I observed Brian Albright of Kapp’s Green Lawn making whatappeared to be a pesticide application to 5920 Noble Drive in Indianapolis, Indiana. Iinitiated a routine use inspection and found the following:a. Mr. Albright was applying fertilizer (25-0-3) and Trimec 992 (EPA Reg. #2217-656,active ingredient of 2, 4-D, Propionic acid, and Dicamba) to the lawn.b. Mr. Albright is a certified applicator.c. Mr. Albright was wearing a long sleeve shirt, long pants, and shoes.2. According to the Trimec 992 label, “All mixers, loaders, applicators, and other handlers mustwear: protective eyewear, long sleeved shirt and long pants, shoes and socks, and chemicalresistant gloves.”3. Mr. Albright was not wearing protective eyewear or gloves during the application. When Iasked Mr. Albright if he had these items, he stated he did. He went on to show me rubbergloves still in their original packaging. I instructed Mr. Albright that he was required towear these elements. I also directed Mr. Albright’s attention to the label where it states,“Corrosive. Causes irreversible eye damage.”Elizabeth C. Carter Date: September 11, 2009Pesticide InvestigatorDisposition: Brian Albright was cited for violation of section 65(2) of the Indiana PesticideUse and Application Law for failure to follow label directions regarding the use of personalprotective equipment. A civil penalty in the amount of $25.00 was assessed for this violation.George N. Saxton Draft Date: September 11, 2009Compliance Officer Final Date: October 27, 2009