SUMMARY OF CIVIL PENALTIES - Office of Indiana State Chemist

4. I spoke to the target field farmer Larry Trapp. He told me that his wheat field (target field) wassprayed with a fungicide. I was able to determine that Townsend Aviation Inc. made the aerialapplication.5. On June 4, 2009, a Pesticide Investigation Inquiry (PII) was mailed to Townsend Aviation Inc. OnJune 10, 2009, a completed PII was returned to OISC. According to the PII, an application of Stratego(EPA Reg. #264-779 active ingredients propicanizole and trifloxystrobin) was made by certifiedaerial applicator Jim Hurt on May 20, 2009, at 11:52am. The wind was from the south at 5 miles perhour.6. According to the web site "www.wunderground" for May 20, 2009, the wind was blowingapproximately 10 miles per hour from the south in a northerly direction toward the complainant'shouse. (See diagram below)7. Listed below are the OISC Residue Lab results:Sample Number Sample Description Test ResultCS-1 Complainant Shirt Trifloxystrobin CONFPropiconazole CONFCONF = Confirmed8. The label instructions for Stratego reads, "Do not apply this product in a way that will contactworkers or other persons, either directly or through drift. Only protected handlers may be in the areaduring application.".Kevin W. Gibson Date: September 19, 2009Pesticide InvestigatorDisposition: Jim Hurt was cited for violation of section 65(2) of the Indiana Pesticide Use andApplication Law for failure to follow label directions for allowing a pesticide to contact people. A civilpenalty in the amount of $250.00 was assessed for this violation. In addition, Mr. Hurt’s applicatorlicense was suspended for a period of thirty (30) days. Consideration was given to the fact that there washuman exposure.George N. Saxton Draft Date: October 8, 2009Compliance Officer Final Date: November 6, 2009Page 2 of 2