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EPA Environmental Appeals Board upholds penalty to aerial applicator for illegal pesticide spraying on the Yakama Reservation

Release Date: 09/13/2006
Contact Information: Chris Gebhardt, (206) 553-0253, [email protected] Richard Mednick, (206) 553-1797, [email protected] Tony Brown, (206) 553-1203, [email protected]

(Granger, WA – Sep. 13, 2006) Ag Air, an aerial pesticide applicator located in Granger, Washington, has been ordered to pay the U.S. Environmental Protection Agency a $3,120 penalty for spraying the pesticide “Warrior” contrary to the product’s label instructions.

The case began with EPA alleging that (in June of 2004) Ag-Air mistakenly sprayed the pesticide “Warrior” on grape vines in an adjacent field (on Yakama Nation land). EPA, which regulates pesticides through the federal Fungicide, Insecticide and Rodenticide Act (FIFRA), has not approved using Warrior for grape vines, making Ag-Air’s alleged actions a “misuse violation” of FIFRA. A Yakama Nation Inspector assisted EPA by conducting the initial investigation of the misapplication.

Ag Air pursued legal relief from the penalty, first through a federal administrative law judge, who ruled against the Company and then to the Environmental Appeals Board, which upheld the Judge’s decision.

According to Mike Bussell, Director of EPA Region 10’s Office of Compliance and Enforcement, the case underscores the importance of safely applying pesticides and carefully following all listed instructions.

“EPA and the Yakama Pesticide Program are committed to ensuring that all pesticides are applied responsibly and all label instructions are followed,” said Bussell. “Whether applicators are on or off reservation property, they must do whatever it takes to prevent accidental drift or overspray episodes. Protecting human health and the safety of our food supply is serious business.”

To view the EAB decision, visit: https://yosemite.epa.gov/oa/EAB_Web_Docket.nsf/Unpublished~Final~Orders/349D2E00123F4646852571DC00673B43/$File/Final%20Decision%20and%20Order%20%205.pdf

For more about Pesticide safety, visit: https://www.epa.gov/pesticides/

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