EPA v. AG AIR FLYING

Case summary

Leonard Beierle Jr. is the sole proprietor business owner of a company that aerially applies pesticide products called Ag Air. Both are named as Respondents in this case. Ms. Heidi Bolong, the complainant, contacted Washington State Department of Agriculture (WSDA) on 6/24/04 to report that a yellow aircraft had drifted the pesticide, from a targeted adjacent cornfield, onto her vineyard and residence. She also indicated that her inquiries indicated that the applicator was Ag Air. WSDA informed Mr. Rodney Guske, Yakama Nation Pesticide Program Coordinator about the complaint. During a 6/29 inspection, Mr. Guske photographed the application/misaplication site and discussed the incident with Ms. Bolong. Mr. Guske also took two vegetation samples: one from Ms. Bolong's vineyard and a second control sample from a neighboring vineyard. The vegetative sample from Ms. Bolon's property tested positive for Lambda cyhalothin, the active ingredient for Warrior (EPA Reg. No. 100-1112), an insecticide. The control sample did not. The label for Warrior does not list applying to vineyards or grapes as an acceptable end use. EPA Region 10 received the report on 11/9/04 and determined that Respondents violated Section 12(a)(2)(G) of FIFRA by misapplying Warrior to grapes, an end use not permitted by the label.

Defendants (1)

• Leonard Beierle, Jr. (SB)Named in complaintNamed in settlement

Facilities (1)

• AG AIR

  1103 BLAINE ROAD, GRANGER, WA, 98932

  Registry ID: 110020769701

Statutes cited

• FIFRA 12A2G — Misuse

Timeline (3 milestones)

• 2005-01-04Enforcement Action Data Entered
• 2005-01-21Complaint Filed/Proposed Order
• 2005-12-31Enforcement Action Closed