ODA issues civil penalties and license revocations in Curry County pesticide incident, Aug. 13

The Oregon Department of Agriculture has issued a $10,000 civil penalty and a one year license revocation to Pacific Air Research, Inc. and a corresponding $10,000 civil penalty and one year license revocation to its commercial pesticide applicator, Steven Owen, for providing false and misleading information in connection with an aerial pesticide application in Curry County last year. An investigation performed by ODA’s Pesticides Program determined that the company and its applicator violated the Oregon Pesticide Control Law through gross negligence and willful misconduct. The civil penalties and license revocations represent the maximum regulatory actions allowed by law for this type of violation. In its investigation, ODA concluded that Pacific Air Research– a licensed commercial pesticide operator based in White City, Oregon– and its owner/applicator Owen provided multiple false records that misled ODA about the actual products used. In order to effectively investigate complaints and allegations of possible pesticide misuse, it is vital that ODA be provided accurate pesticide application information. Throughout the investigation, ODA received limited cooperation and misleading information from Pacific Air Research, which led to a complex, difficult, and lengthy investigative process. The incident occurred in October 2013 when residents complained to ODA about being exposed to pesticides from a helicopter, later identified as belonging to Pacific Air Research, that was performing a pesticide application to nearby timber land. Laboratory analysis of vegetative samples collected by ODA confirmed the presence of the pesticide active ingredients 2,4-D and triclopyr on residential properties. As part of the investigation, ODA collaborated with the US Environmental Protection Agency (EPA) and the Oregon Department of Forestry (ODF). While ODA takes enforcement action against Pacific Air Research and Owen for providing false and misleading information, EPA is pursuing enforcement action on other violations related to the pesticide application.