SUMMARY OF CIVIL PENALTIES - Office of Indiana State Chemist

Complainant:Dealer:CASE SUMMARYOffice of Indiana State Chemist (OISC)175 South University StreetWest Lafayette, IN 47907-2063City of Mitchell – Building & Street Department1123 W. Main StreetMitchell, IN 47446Steve Burton (unlicensed applicator)812-849-1811Case #2009/08881. On September 9, 2009, the Office of the Indiana State Chemist received an anonymous complaintalleging the Mitchell Street Department was making mosquito applications without a licensedapplicator on staff. The complaint indicated that Steve Burton or Michael Mann was doing theactual fogging. The OISC database did not indicate that either of these individuals is a licensedapplicators.2. On September 15, 2009, I went to the Mitchell Street Department and met with Building andStreet Commissioner, Steve Burton. Mr. Burton stated that there was currently no one licensedwith the city and that their department had made two (2) mosquito fogging applications this year.These applications were done on July 7, 2009 and September 2, 2009. Mr. Burton indicated thatthey did not keep any records of these applications. Mr. Burton informed me that they had used acompany last year to make the applications, but due to financial reasons, had chosen to do theapplications themselves this year. Mr. Burton did state that they had recently had their foggingequipment calibrated by Mug-O-Bug and he intends to become licensed before next year. Mr.Burton indicated that they had no intentions of making any more applications this year.3. Mr. Burton was issued a modified Stop, Sale, Use and Removal Order instructing them not tomake any more applications until the city had a licensed applicator. Mr. Burton was giveninformation on the licensing process.Scott M Farris Date: September 15, 2009Pesticide InvestigatorDisposition: Steve Burton was cited for two counts of violation of section 65(6) of the IndianaPesticide Use and Application Law, specifically 357 IAC 1-11-2, for using a pesticide forcommunity-wide mosquito abatement without having a category eight (8) license. A civil penalty inthe amount of $500.00 (2 counts x $250.00 per count) was assessed. However, the civil penalty wasreduced to $150.00. Consideration was given to the fact that Mr. Burton cooperated during theinvestigation; corrective action was taken; there was no previous history of similar nature and norestricted use pesticides were involved.George N. Saxton Draft Date: September 17, 2009Compliance Officer Final Date: October 8, 2009