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Randolph fined $400 in unlicensed pesticide spray

By Mechele Cooper mcooper@centralmaine.com
Staff Writer

BY MECHELE COOPER

Staff Writer

The town of Randolph on Friday agreed to pay the state $400 and adhere to a consent agreement that prohibits unlicensed pesticide applications on town property.

The state Board of Pesticides Control voted unanimously to fine the town in response to a complaint received Sept. 17, 2009.

Also Friday, the board fined South Berwick $500 for applying Roundup herbicide to sidewalks without proper licensing.

Ray Connors, manager of compliance for the board, said there were 14 enforcement actions taken in 2008. In 2009, he said there were 30 actions. Actions can include consent agreements, financial penalties, a warning letter or an advisory letter.

"I think there's more going on than just these two incidences, as far as towns," Connors said. "There are towns using pesticides under conditions that would require those employees to be licensed. The same thing happens with private companies."

Randolph's public works director acknowledged that an employee applied Roundup Sept. 1, 2009, to areas of the Maple Grove Cemetery and fire hydrants to control grass and weeds.

State law says any person applying pesticides in an official capacity or for a public agency must be a certified commercial applicator.

In Maine, pesticide licenses fall under two major categories: private, for pesticide use in agriculture or the production of other commodities; and commercial, for anyone who uses pesticides in public places, such as golf courses, campgrounds, apartment houses, hospitals and nursing homes on a "for-hire" basis or as a government employee.

The Randolph consent agreement said the employee held a private pesticide applicator license at the time, but the town did not have anyone on staff with a commercial pesticide applicator's license.

Randolph Selectmen Peter Hanley said the Board of Selectmen has no official policy about applying pesticides, but will make certain in the future that any employee applying chemicals is properly trained and certified.

"We're not going to do that anymore," Hanley said. "If they do apply it, then they're going to get the training they need beforehand."

In the past two years, the Board of Pesticides Control has entered into a number of consent agreements, including one with Waterville schools in which the school system failed to follow notification regulations and record-keeping requirements when herbicides were applied to athletic fields at two schools on a school day.

Students used the athletic fields shortly after the herbicide was applied.

"Licensing is not just about paying a fee and getting a license," said Paul Schlein, spokesman for the board. "You have to go through all kinds of training and take exams to make sure applications are done properly according to the labels. You have to post signs and things like that so people know and don't go back on the lawn. Every label has very specific instructions on how and when it can be applied.

"With something like Roundup, if they spray a sidewalk and someone comes along with a dog or child, those are things you have to be very careful about."

The board's Web site is www.thinkfirstspraylast.org.

Mechele Cooper -- 623-3811, ext. 408

mcooper@centralmaine.com