SUMMARY OF CIVIL PENALTIES - Office of Indiana State Chemist

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Spencerville, Indiana. Mr. Maciel stated he did not think he was doing anything wrong sincehe was servicing businesses owned by his financial backer. He apologized and stated that hewas not intentionally violating any laws.Andrew R. Roth Date: November 5, 2009Pesticide InvestigatorDisposition: Daniel Maciel was cited for violation of section 65(9) of the Indiana Pesticide Use andApplication Law for applying pesticides for hire without having an Indiana pesticide businesslicense. A civil penalty in the amount of $250.00 was assessed for this violation.George N. Saxton Draft Date: November 6, 2009Compliance Officer Final Date: December 3, 2009Page 3 of 3
CASE SUMMARYCase #2010/0176Complainant:Applicator:Office of Indiana State Chemist (OISC)175 South University StreetWest Lafayette, IN 47907-2063800-893-6637Picasso Lawn and LandscapeJeff Flanary and Danny Toon5149 N Keystone AvenueIndianapolis, IN 46205317-253-52961. On May 27, 2009, Agent Joe Becovitz performed a routine use inspection on DanielLawhorn of Picasso Lawn and Landscape (case 2009/0692). Agent Becovitz cited Mr.Lawhorn for applying pesticides without a license and failure to follow label directionsregarding the use of personal protective equipment. On Agent Becovitz summary it states, “Iwas able to contact Danny Toon, one of the owners of Picasso, and advised him of theinspection and that his company must cease all for hire applications until his company meetsthe Indiana pesticide licensing requirements.”2. On October 1, 2009, I performed a routine use inspection on Jeff Flanary, the other owner, ofPicasso Lawn and Landscape (case 2010/0153). I cited Mr. Flanary for applying pesticideswithout a license and failure to follow label directions regarding the use of personalprotective equipment.3. On October 15, 2009, I performed a follow-up inspection with Mr. Flanary. I asked Mr.Flanary for copy of all his application records/ invoices. He informed me that he only hadSeptember’s application records available. Please see the chart below for, “monthly weedservice” performed by Picasso Lawn and Landscape.Invoice Number Date of application Location/ customer35154 9/15/09 131 St. Empty Lot35156 9/15/09 131 St Nail Salon Building35153 9/15/09 131 St Pond35157 9/15/09 131 st Subway building35155 9/15/09 131 st Starbucks building35158 9/15/09 146 th New building35159 9/15/09 146 th Orthodontist35160 9/15/09 146 th South Drive35114 9/15/09 2930 WalgreensPage 1 of 2
Page 2 and 3: egarding the use of personal protec
Page 4 and 5: The results of the analysis were re
Page 6 and 7: 4. I spoke to the target field farm
Page 8 and 9: Complainant:Dealer:CASE SUMMARYOffi
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Page 12 and 13: Complainant:CASE SUMMARYOffice of I
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SUMMARY OF CIVIL PENALTIES - Office of Indiana State Chemist

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