SUMMARY OF CIVIL PENALTIES - Office of Indiana State Chemist

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egarding the use of personal protective equipment. A civil penalty in the amount of $250.00was assessed for this violation. Consideration was given to the fact that this was his secondoffense of similar nature (see 2004/0367).Case #2010/0001 Disposition: Daniel Maciel was cited for violation of section 65(9)of the Indiana Pesticide Use and Application Law for applying pesticides for hire withouthaving an Indiana pesticide business license. A civil penalty in the amount of $250.00 wasassessed for this violation.Case #2010/0176Disposition:A. Danny Toon, Jeff Flanary and Picasso Lawn & Landscape were cited for violationof section 65(9) of the Indiana Pesticide Use and Application Law for applying pesticidesfor hire without having an Indiana pesticide business license. A civil penalty in theamount of $1,000.00 was assessed. Consideration was given to the fact that this was theirthird violation of similar nature.B. On November 2, 2009, Danny Toon called and requested that he be allowed tomake payments to pay off the civil penalty. He was advised that he could pay $250.00per month for four consecutive months, starting December 1, 2009.
CASE SUMMARYCase #2009/0416Complainant:Business:Office of Indiana State Chemist (OISC)175 South University StreetWest Lafayette, IN 47907-2063Community Landscape, Inc. (unlicensed business)Kevin Rickard (unlicensed applicator)605 Ohio Street, Suite 404Terre Haute, IN 47807-3512812-466-97281. On April 3, 2009, the Office of the Indiana State Chemist received an anonymous complaint allegingthat Community Landscape had made a pesticide application to the landscaping beds at a propertylocated at 2923 Woodcrest Lane, in Terre Haute, IN. The complaint information also alleged that thepesticides were purchased from John Deere Landscapes and that the product was being hid insidegrass seed bags to avoid detection if inspected by the State Chemist Office. Community Landscapewas previously charged with operating without a pesticide business license in 2004 (see case#2004/0385). OISC records indicated that Community Landscape is not currently a licensed business.2. On April 14, 2009, I spoke with Roger Smith, Branch Manager of John Deere Landscapes inIndianapolis. Mr. Smith informed me that Community Landscape had purchased pesticide productsfrom them and agreed to send me the purchase invoices from this year. These invoices were receivedon April 14, 2009, and indicated that Community Landscape had purchased at total of seven (7) fifty(50) pound bags of Snapshot 2.5 TG (EPA Reg. #62719-175; active ingredient: trifluralin andisoxaben) and one (1) quart of Lontrel (EPA Reg. #62719-305; active ingredient: clopyralid).3. The previous case in 2004 against Community Landscape was for services performed at Terre HauteRegional Hospital, so I contacted Terre Haute Regional Hospital and spoke to Director of Facilities,Don Sanders. Mr. Sanders stated that Community Landscape was still maintaining the landscapingbeds for the hospital and that weed preventative pesticides were being used by Community Landscapeper their contract with the hospital. Mr. Sanders supplied me a copy of their contract withCommunity Landscape dated March 10, 2009. The contract stated the following: “A pre-emergentherbicide will also be applied to bedding areas for weed control. This will consist of the removal ofall weeds in bedding areas and chemical treatment to control root growth.” “Inside court yard: Workwill consist of spraying area with weed killer….”4. On May 5, 2009, I went to Terre Haute Regional Hospital and took soil samples from the mulch beds.These soil samples were turned into the Pesticide Residue Laboratory on May 6, 2009, for analysis.The results of the analysis were reported back on August 10, 2009, and indicated that the activeingredients trifluralin and isoxaben (Snapshot 2.5) were present in the soil. The active ingredientclopyralid (Lontrel) was detected.5. On May 14, 2009, I went to the property located at 2923 Woodcrest Lane. The homeowner of theproperty agreed to allow me to take soil samples from the mulched landscaping beds around hisproperty. These samples were turned into the Pesticide Residue Lab on May 15, 2009, for analysis.Page 1 of 2
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SUMMARY OF CIVIL PENALTIES - Office of Indiana State Chemist

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