Legal advise on pesticide drift

[fredbrunswick]

I was contacted by the state yesterday on a pesticide drift complaint they received last June by neighbor of a customer of ours after smelling our spay from next door.After testing the surface on the lawn in one location along the property line on the side we where we spayed and no where else they found a very small amount of 2-4d which only measured 4 parts per million.From this test it was determined to by drift not over spray.Also the state said the application was made correctly on a good day to spray with a wind of only 5 miles per hour and 78 degrees .They determined that the drift was caused by the fumes of the spray and not from being applied in any wrong way .The law in WI states that drift is illegal if it causes harm or can conceivable cause harm. We were told by the state that its just a hazard of the job and to take the 500 dollar fine They consider any amount to conceivable cause harm at any level.I feel this is very unfair since it was not in any way applied wrong, applied over the property line or something we could control.I would appreciate any advise on this matter i have not yet agreed to the fine and may try to fight this Thanks

[clclawn]

My first responce and what i might do is tell em to stick the fine up their butts.

But the smart thing may be to nicely sit down with them and discuss the fine to get it dropped to a warning or a smaller fine. Keep in mind though. There are probably 100 ways they could make your life a living hell so don't make to big of waves.

[2010BC]

From what I'm reading, the state determined you applied the 2,4-D correctly, but they did not determine if the drift could cause 'conceivable harm.' This is why you still are faced with the fine despite their findings of correct application - but you already know this. Any amount of 2,4-D would kill a hippie. :laughing:

Four ppm is nearly harmless and is less than the LD50 listed for 2,4-D. However prolonged breathing of 2,4-D can cause coughing, burning, dizziness, and temporary loss of muscle coordination in humans. There are also studies that suggest an association of 2,4-D exposure with cancer. Who knows why the neighbor complained though. Yeah it's all a crock of crap, but you likely don't have any options when it comes to dealing with the state. :alien::alien::alien:

[Scott]

I just can't see how they can pin it on you. Is your customer the only one that gets their lawn sprayed on the street?

[2010BC]

Is your customer the only one that gets their lawn sprayed on the street?

Likely the only lawn on the street on that particular day (within reasonable distance to the neighbors) when the neighbor developed a headache and in turn called the state dept. of ag to complain. Records ain't so cool sometimes, but at least his records were in order!

[Scott]

it just sounds wrong to me.

here in florida, you can get on a list and anybody that is getting ready to spray(I should add, only licensed people receive this letter) has to give fair warning in advance that they're gonna spray. The advice that we're given is to drop all your customers that are within range of one of these people, no "ifs" "ands" or "butts" about it. Drop em and leave the headache and fines to somebody else.

[2010BC]

I agree, it is wrong.

It's very sad you can do everything right by the law, but then still incur a penalty. Where is the incentive in that?

I'd have dropped them too. If it happened once, it's only going to happen again. It ain't worth the trouble and continued state investigations!!

[no brown lawns]

I was contacted by the state yesterday on a pesticide drift complaint they received last June by neighbor of a customer of ours after smelling our spay from next door.After testing the surface on the lawn in one location along the property line on the side we where we spayed and no where else they found a very small amount of 2-4d which only measured 4 parts per million.From this test it was determined to by drift not over spray.Also the state said the application was made correctly on a good day to spray with a wind of only 5 miles per hour and 78 degrees .They determined that the drift was caused by the fumes of the spray and not from being applied in any wrong way .The law in WI states that drift is illegal if it causes harm or can conceivable cause harm. We were told by the state that its just a hazard of the job and to take the 500 dollar fine They consider any amount to conceivable cause harm at any level.I feel this is very unfair since it was not in any way applied wrong, applied over the property line or something we could control.I would appreciate any advise on this matter i have not yet agreed to the fine and may try to fight this Thanks

According to some finding I've came across some interesting notes you may find useful:

http://www.datcp.state.wi.us/cp/consumerinfo/cp/cp_laws/pesticides/pesticide_use.pdf

This one was most helpful in knowing the laws in your State! Wow!

http://www.legis.state.wi.us/rsb/code/atcp/atcp029.pdf

Note: here,

According to a workshop of the National Academy of Sciences, 15 percent of the population has some type of allergic reaction, or sensitivity to chemicals.

(MCS) Multiple Chemical Sensitivities- Common symptoms of MCS include headaches, blurred vision, memory loss, mental confusion, cronic fatigue, depression, etc...........................A muli-tude of dysfuctions.

http://www.beyondpesticides.org/pesticidefreelawns/declaration/backgrounder_html.htm

In closing,

Your State is way regulated to death This can be a good thing.

I would unfortunately pay the fine, post noted signage on lawns, and get them on the list to be notified through the Plant board. At least then, you can say you've done all you could to prevent this from happening again or at least to this one...........................Also, try lower doses. Stay away from Ester formations, and try new products.

Hope this helps.

Sorry to here about your miss forutune.