N.C. Pesticide Board announces 21 case settlements


The N.C. Pesticide Board recently approved the following settlement agreements for individuals in Beaufort, Buncombe, Caswell, Craven, Dare, Duplin, Edgecombe, Forsyth, Henderson, Martin, Person, Union, Washington, Wayne and Yadkin counties and Lafayette, La.

Penalties were assessed for instances of pesticide drift, sale and purchase of restricted-use pesticides, worker protection violations and for applying pesticides without a valid pesticide license.

Settlements are listed by county below.

Beaufort

  • Larry M. Lee, owner and operator of Lee Flying Service Inc. in Pantego, agreed to pay $1,000 for drift caused by a pesticide application. N.C. law prohibits depositing pesticide by aircraft on the right-of-way of a public road or within 25 feet of the road, whichever is the greater distance. The law also prohibits applying the pesticide in a manner where it comes in contact with workers or others either directly or through drift.

Buncombe

  • Joshua Burt, an employee of American Conservation Experience in Fletcher, agreed to pay $1,000 for applying pesticides while having an expired pesticide license and for drift from a pesticide application that damaged plants on a neighboring property. N.C. law states no person should apply pesticides under such conditions that drift from pesticide particles or vapors result in adverse effects.

Craven

  • Claude Eure, an aerial applicator for Eastern Flying Services in Dover, agreed to pay $1,200 for drift from an aerial pesticide application that caused damage to a neighboring property. N.C. law states no person should apply pesticides under such conditions that drift from pesticide particles or vapors result in adverse effects.

Dare

  • Leon Scott Wilkinson, owner and operator of L.P. Landscaping and Maintenance in Kitty Hawk, agreed to pay $800 for applying pesticides without a valid pesticide license. Wilkinson has since renewed his license.
  • Matthew Ottavio, owner of Carolina Landscaping and Tractor Service in Kitty Hawk, agreed to pay $1,200 for applying a commercial pesticide without a valid pesticide license. Ottavio’s workers applied pesticides at a landscaping site to make the maintenance process easier. He has also been investigated for these allegations in the past.

Duplin

  • Joe C. Sholar, a licensed pesticide dealer for Sholar Farm Supply in Wallace, agreed to pay $2,200 for seven restricted-use pesticide sales to individuals without valid pesticide licenses. N.C. law requires pesticide dealers to maintain records on all pesticide sales and to sell only to certified or licensed applicators.

In related settlements:

    • Jamie Leon Craft of Maple Hill agreed to pay $500 for purchasing restricted-use pesticides from Sholar Farm Supply without a valid pesticide license.
    • Glenwood E. Cavenaugh, owner of Locklin Farms in Wallace, agreed to pay $500 for purchasing restricted-use pesticides from Sholar Farm Supply without a valid pesticide license.
    • Thomas Ray Rogers of Richlands agreed to pay $200 for purchasing restricted-use pesticides from Sholar Farm Supply without a valid pesticide license.

    Edgecombe

    • Carey F. Carr, manager and licensed pesticide dealer for Parkway Ag Center Inc. in Macclesfield, agreed to pay $2,400 for nine restricted-use pesticide sales that failed to include name, license number and license expiration date. Carr was cited for the same violations in 2013. N.C. law requires pesticide dealers to maintain records on all pesticide sales and to sell only to certified or licensed applicators.
    • Jeff L. Webb, licensed pesticide dealer and manager of Parkway Ag Center in Tarboro, agreed to pay $3,000 for seven restricted-use pesticide sales that failed to include name, license number and license expiration date. N.C. law requires pesticide dealers to maintain records on all pesticide sales and to sell only to certified or licensed applicators.

    Forsyth

    • Joseph Plitt, of J Landscaping in Pfafftown, agreed to pay $800 for applying pesticides with an expired license. Plitt was warned in 2013 to renew his license and still failed to renew in 2014.

    Henderson

    • Richard D. Baxter, a licensed pesticide dealer for Southern Agricultural Insecticides Inc. in Hendersonville, agreed to pay $1,400 for selling restricted-use pesticides to a customer without a valid pesticide license.

    Martin

    • Thomas E. Lowe, manager and licensed pesticide dealer for Parkway Ag Center Inc. in Williamston, agreed to pay $2,500 for sale of a restricted-use pesticide that failed to include name, license number and license expiration date. N.C. law requires pesticide dealers to maintain records on all pesticide sales and to sell only to certified or licensed applicators.

    Person

    • Lewis D. Winstead III, president of Xtreme Inc. in Roxboro, agreed to pay $1,000 for violations of worker protection standards. An employee at Winstead’s farm claimed he had been exposed to pesticides while topping tobacco, and an inspector observed another employee mixing and loading a tobacco growth regulator without proper personal protective equipment. The inspector noted the following violations: Workers received no training, lacked personal protective equipment, failed to maintain complete pesticide application records, and the farm had no pesticide safety posters or warnings posted.

    Union

    • Paul L. Perala, operator of Southeast Woodland Services in Indian Trail, agreed to pay $2,000 for damage caused to neighboring properties by drift from a right-of-way pesticide application. Perala used pesticides in a manner inconsistent with their labeling by applying near a residential area and operated in a manner that is faulty, careless or negligent. N.C. law states no person should apply pesticides under such conditions that drift from pesticide particles or vapors result in adverse effects.

    Washington

    • David P. Hrupsa, an aerial applicator employed by Atlantic Ag Aviation in Roper, agreed to pay $5,600 for drift from an aerial pesticide application that caused damage to a neighboring property. N.C. law states no person should apply pesticides under such conditions that drift from pesticide particles or vapors result in adverse effects.
    • James L. Tucker, an employee and pilot for Atlantic Ag Aviation in Trenton, agreed to pay $900 for damage caused by drift to a wheat field at Tidewater Research Station in Plymouth. N.C. law states no person should apply pesticides under such conditions that drift from pesticide particles or vapors result in adverse effects.

    Wayne

    • Christopher S. Gray, owner of Gray’s Turf and Landscape Maintenance in Fremont, agreed to pay $600 for damage caused to trees during a pesticide application. The pesticide label indicated not to use the product near desirable trees or plants, or on areas where their roots might extend.  Gray violated N.C. law by using a pesticide in a manner inconsistent with its labeling.

    Yadkin

    • James W. Cockrell, an aerial applicator and pilot for Air Assault Agricultural Aviation in Jonesville, agreed to pay $1,400 for applying a pesticide in a manner where it comes in contact with workers or others, either directly or through drift. N.C. law states no person should apply pesticides under such conditions that drift from pesticide particles or vapors result in adverse effects.

    Lafayette, La.

    • Thomas A. Sartain Jr., an aerial applicator for Industrial Helicopters Inc. in Lafayette, La., agreed to pay $1,400 for drift from a pesticide application to a forestry site in Raeford that contaminated a neighboring property. N.C. law states no person should apply pesticides under such conditions that drift from pesticide particles or vapors result in adverse effects.