portland case detail

8/13/2019 Portland Case Detail

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John Kitzhaber, Governor

Case ClosedCase Number: 140010Case Name: Collier Arbor Care (200 Market Street Building) /Chance, Monro

VerifiedYes No

Refer to PARC? Yes No

NUF

Yes NoSuspected Violation?

Cease & DesistYes No

LOA Yes No

Complaint?

Type of Investigation

Yes No

ManagerCase Reviewer

Sunny Jones

Date Started 07/02/2013 Date Completed 11/12/2013

ROL Sent? Yes No Date ROL Sent

Number of Samples Taken 2

Sample Type AirAnimalSoilSwabWater

VegOther

Number of Samples Analyzed 2

Date of Referral

List Test(s) Requested imidacloprid, dinotefuran

Referral to Another Agency?

Investigator

Michael Babbitt

Overview



Yes No Yes NoSuspected Violation?

PartiesInvolved

License #

Phone

License TypeExpiration DateCounty Category

Last / Business NameAddressCity

First

State Zip

Parties Involved

503-727-4150 Multnomah

Complainant Chance Candice

1 SW Columbia Street, Suite 1200Portland OR 97258


Complainant Monro David

Multnomah

Government

agency

City of Portland, Parks

1120 SW 5th Avenue, Room 1302

Portland OR 97204


Governmentagency

West Service Zone, 2909 SW 2nd Avenue contact: Bryan Aptekar, West Service

Portland OR 97201


Governmentagency

Reed JohnIntegrated Pest Management Program Coordinator, Portland Parks &

Portland OR

CPO

503-682-7172 Washington

AG-L0073326CPOGeneralContractor forgroundsmaintenance

GARRON GROUNDS

11277 SW CLAY ST STE D Guy Young

TOIF, TOH

SHERWOOD OR 97140

12/31/2013

CPO


AG-0000757CPOOperator COLLIER ARBOR CARE

11814 SE JENNIFER ST

TOIF TOH

CLACKAMAS OR 97015

12/31/2013



Start Time 0735 End Time 10003/2/2013Date of Application

ORN-Insect/Fungi

Category

Along pedestrian walkway skirting the east side of the 200 Market Street Building, 200 SW Market Street, Portland, Oregon

Location of Application

Shade trees, including lindens

Specific Site/Crop

76.5 fluid ounces applied to 599 DBH worth of ornamental trees, consisting of 10 lindens (diameters totaling 148 inches), 8 maples(diameters totaling 109 inches), 44 birches (diameters totaling 254 inches), and 88 inches of DBH of honey locust, all on a business groundsarea about, very roughly, 2.3 acres in size, including the building and hardscape.

Rate of Application (mixing rate, diluent, rate per area, etc)

aphid control

Purpose

systemic application to trees, by soil drench

Method of Application

Time of Day

Application Information

Pesticides Involved

Application Note

Type Manufacturer Trade Name EPA Reg. No. Active Ingredients



Type Manufacturer Trade Name EPA Reg. No. Active Ingredients

Pesticides Involved

Insecticide Makhteshim Agan of NorthAmerica, Inc.

Quali-Pro Imidacloprid 2F 66222-203 Imidacloprid

3. Sunny Jones 12/26/13



Narrative

July 1, 2013:

Candace Chance sent an email to ODA Pesticides, reporting dead bees on the sidewalks

at or about Pettygrove Park, Portland, Oregon. This case was assigned to me, Michael

Babbitt, ODA Pesticides Investigator.

July 2, 2013:

I went to Portland and met with Candice Chance, who took me to where she had seen

the dead bees. We left from her office at SW First Avenue and SW Columbia Street and

went south along SW Second Avenue. We crossed SW Market Street, on the east side of

the 200 Market Street Building, and then proceeded south along the north-south

pedestrian way -- which is an extension of Second Avenue -- to the eastern edge of Pettygrove Park. We observed dead bumble bees on the ground, but not enough for

sampling. Ms. Chance said that street sweepers had probably removed many of those

she had seen earlier. The trees overarching the sidewalk where the bees were found

were lindens. (Lindens, also known in North America as basswood trees, comprise

several Eurasian and North America species of the genus Tilia.) Most of the dead bees

were on the Second Avenue pedestrian way between Pettygrove Park and Market Street,

along the eastern edge of the 200 Market Street Building. I saw no dead bees in

Pettygrove Park, nor any linden trees.

July 8, 2013:

ODA Pesticides received email from David Monro, stating that he had seen hundreds of

dead bees on the ground at or about Pettygrove Park. I called Mr. Monro, who was not

able to meet with me. I then went to the site and took photographs. As before, I saw no

dead bees or linden trees in Pettygrove Park, but did see some dead bumble bees under

the lindens on the Second Avenue pedestrian way where it skirted the eastern edge of the 200 Market Street Building. I collected these dead bees.

Sampling Plan



Narrative

Referred case to PARC, the Pesticide Analytical and Response Center, by means of email

to Ted Bunch, PARC Coordinator, ODA Pesticides.

July 10, 2013:

I spoke with Mr. Aptekar, with Portland Parks & Recreation, who did not think the city

had used any insecticides near the site but suggested I speak with John Reed, the

Integrated Pest Management (IPM) Program Coordinator for Portland Parks & Recreation.

July 11, 2013:

I called John Reed, the Portland Parks IPM Coordinator, Portland Parks & Recreation. He

confirmed that the City had applied no insecticides this year at Pettygrove Park.

I called Garron Grounds, spoke with Chris, and left a message for Guy Young. Mr.

Young called me back and explained that Garron Grounds takes care of the grass,

another company takes care of the trees.

The only thing they have done this year was apply some broadleaf herbicides onto the

lawn, and some glyphosate.

Halprin Conservancy has paid for work in the park. Garron Grounds manages the 200Market Street building, adjacent to and north of the park, and contracts the tree care

work out to Collier Arbor Care, Inc. (Collier). Mr. Young said Collier's practices are

largely organic, using a lot of horticultural oils. He said Pacific Landcare manages the

building to the west of Pettygrove Park.

I called Collier Arbor Care and spoke with Chris Ritschard. He checked their records;

the 200 Market Street site was listed as an organic client. Chris said that on March 1,

2013 they had systemically treated trees at this site with Imidacloprid 2F. The 2013application was the third time they had treated the lindens with imidacloprid, the product

having been applied during 2011, 2012, and 2013. The dates for the previous

treatments were March 2 2012 and March 10 2011 I requested a copy of the records



Narrative

July 24, 2013:

I left a message at Collier Arbor Care, with Jessie, for Ray Duval. Mr. Duval called me

back, confirmed that the product he and Sean Rinault had used was Quali-Pro

Imidacloprid 2F Turf & Ornamental Insecticide (EPA Reg. No. 66222-203, MakhteshimAgan of North America), and described how it had been applied. He calculated the

application for, and applied the product to, each tree individually. Mr. Duval's and Mr.

Rinault's process was to dig a small trench around the tree, measure each tree diameter,

and with that information calculate the amount of product needed, applying at the rate

of 0.13 fluid ounce per inch of DBH. For each tree they measured out the volume of

product, mixed it with sufficient water to make a manageable volume, and pored it onto

the trunk so that it was absorbed into the soil or through the bark. (According to anestimate given at a later date by Mr. Ritschard, the mixing ratio was about 5 to 1, water

to product.) I asked about the extent of the application, Mr. Duval said that in addition

to the lindens, maples, and birches, some honey locusts had been treated as well. I

asked him to include in the map of the treatment area that he had agreed to send to me.

Label Review

The Imidacloprid 2F label permits application to various ornamentals and landscape

plants, including trees, which can be treated by various methods, including systemic

techniques such as soil drenches. It also includes a statement regarding bees. Under

ENVIRONMENTAL HAZARDS, the label states:

...

This product is highly toxic to bees exposed to direct treatment or residues on blooming

crops or weeds. Do not apply this product or allow it to drift to blooming crops or weeds

if bees are visiting the treatment area....

Under APPLICATION TO ORNAMENTALS it states:



Narrative

• Do not apply more than 1.6 pt (0.4 lb of active ingredient) per acre per year. ...

The label section on soil drench applications for trees provides an allowable application

rate range of 0.1 to 0.2 fluid ounce per inch of DBH (trunk Diameter at Breast Height).

August 4, 2013:

The ODA lab issued the following results of its analysis of the bee sample. The results

are in parts per million (ppm):

Detected Detected

Sample No. Description imidacloprid dinotefuran

NUF140010-1 bees 0.0073 none

The Minimum Detection Level (MDL) for imidacloprid was 0.0020 ppm; for dinotefuran it

was 0.0040 ppm.

August 12, 2013:

I called Sheryl Scali (503-228-8666), property manager for for the 200 Market Street

Building, to request permission to sample the linden tree foliage on the grounds at 200

Market Street. I advised her in general about this investigation, when she indicated shehad not heard anything about it. Ms. Scali confirmed that the pedestrian walkway from

which I had collected the bumble bees was public property, and gave me permission to

collect foliage from the grounds of the 200 Market Street Building. Ms. Scali also

confirmed, at a later date (October 1, 2013), that no other party would have treated the

sampled linden trees, other than the company Garron Grounds hired to do the job, which

was Collier Arbor Care.

Sampling Plan, continued:

Since the dead bumble bees had been found to contain imidacloprid, the Department

determined that it would be useful to know whether the compound was also present in



Narrative

September 23, 2013:

Michael Odenthal, ODA Pesticides lead investigator, sent an Enforcement Case Referral

(ECR) to EPA Region 10, with questions for EPA regarding interpretation of the Quali-Pro

Imidacloprid 2F label.

October 14, 2013:

Chris Ritschard returned my call, and I requested information on the extent of the area

with treated trees, and for more detailed information on how much water was mixed

with the Quali-Pro Imidacloprid 2F. Mr. Ritschard said that the water was not measured,

but that generally they used a ratio of 5 to 1, water to product. Regarding the extent of

the area with treated trees, Mr. Ritschard recalled that the lindens had been along thewalkway on the east side of the building, birches were on the terrace, and honeylocusts

were along Market Street. I explained that ODA was still collecting information on this

matter, and may yet have further questions. Mr. Ritschard noted that Collier Arbor Care

had been bought out by Bartlett Tree Experts.



Conclusion

ODA has reviewed this matter and concluded that Collier Arbor Care, Inc., Ray J. Duval,

and Sean J. Rinault violated Oregon's State Pesticide Control Act:

Collier Investment Group, Inc. violated ORS 634.372(2), which states A person may

not: … As a pesticide applicator or operator, intentionally or willfully apply oruse a worthless pesticide or any pesticide inconsistent with its labeling, or as a

pesticide consultant or dealer, recommend or distribute such pesticides. On

March 2, 2013 Collier Investment Group, Inc., under its previous name of Collier Arbor

Care, Inc. and through its agents or employees Ray J. Duval and Sean J. Rinault,

intentionally applied a pesticide product to shade trees on landscaped business grounds

at 200 SW Market Street, Portland, Oregon. Neither Collier, Mr. Duval, nor Mr. Rinault

had any ownership or control over the treated property. During this application Collierwas an Oregon-licensed Commercial Pesticide Operator and Mr. Duval and Mr. Rinault

were both Oregon-licensed Commercial Pesticide Applicators. The pesticide product was

Imidacloprid 2F turf & ornamental insecticide, EPA Reg. No. 66222-203. Collier, through

Mr. Duval and Mr. Rinault, applied the Imidacloprid 2F by means of a soil drench. Collier

and the applicators used 76.5 fluid ounces of Imidacloprid 2F to treat ornamental trees

with a total of 599 inches of diameter at breast height (DBH). The treated property is 2.3

acres in size, including the building and hardscape and treated areas. Collier and theapplicators thus applied 76.5 fluid ounces to 2.3 acres, which is a rate of 33.26 fluid

ounces per acre, or 2.08 pints per acre. The Imidacloprid 2F label states:

• Do not apply more than 1.6 pt (0.4 lb of active ingredient) per acre per year. ...

Intentionally applying this pesticide product in excess of the label’s allowable rate per

acre was inconsistent with the pesticide’s labeling and was in violation Of ORS 634.372

(2).

Collier Investment Group, Inc. violated ORS 634.372(5), which states A person may

not … Refuse or neglect to prepare and maintain records required to be kept by



Conclusion

• Equipment or device used to make the application

And the ODA reviewed Collier’s pesticide application record for the Safari 20 SG

applications at the Argyle Square Target Store. This record lacked documentation of the

systemic treatment made to some of the trees.

The pesticide applications partially documented by these records were performed in

Oregon by a Commercial Pesticide Operator onto the properties of others, and were

commercial pesticide applications subject to the record keeping requirements of ORS

634.146. Regarding the preparation and maintenance of commercial pesticide application

records in Oregon:

Failing to accurately or sufficiently identify the pesticide product used is contrary to ORS634.146(1)(e), which requires records to include the “trade name and the strength of

such pesticides."

Failing to record the dilution rate of the pesticide product used is contrary to ORS

634.146(1)(f), which requires records to include the “amount or concentration (pounds

or gallons per acre of active ingredient or concentration per approximately 100 gallons)."

Failing to specifically identify the type of treatment site is contrary to ORS 634.146(1)(g), which requires records to include the “specific property, crop or crops to which the

pesticide was applied." ORS 634.146(1)(g)."

Failing to record equipment or device used to make the application is contrary to ORS

634.146(1)(h), which requires records to include the "summary information of

equipment, device or apparatus used .... “ ORS 634.146(1)(h).

Failure to record these elements of information about pesticide applications that are

required by ORS 634.146(1) was in violation of ORS 634.372(5).



Conclusion

J. Duval violated ORS 634.372(2), which states A person may not: … As a pesticide

applicator or operator, intentionally or willfully apply or use a worthless

pesticide or any pesticide inconsistent with its labeling, or as a pesticide

consultant or dealer, recommend or distribute such pesticides. On March 2, 2013

Mr. Duval, as an agent or employee of Collier Investment Group, Inc., under its previous

name of Collier Arbor Care, Inc., intentionally applied a pesticide product to shade trees

on landscaped business grounds at 200 SW Market Street, Portland, Oregon. Neither

Collier nor Mr. Duval had any ownership or control over the treated property. During this

application Collier was an Oregon-licensed Commercial Pesticide Operator and Mr. Duval

was an Oregon-licensed Commercial Pesticide Applicator. The pesticide product was

Imidacloprid 2F turf & ornamental insecticide, EPA Reg. No. 66222-203. Mr. Duval

applied the Imidacloprid 2F by means of a soil drench. Mr. Duval helped to use 76.5 fluid

ounces of Imidacloprid 2F to treat ornamental trees with a total of 599 inches of

diameter at breast height (DBH). The treated property is 2.3 acres in size, including the

building and hardscape and treated areas. Mr. Duval thus helped to apply 76.5 fluid

ounces to 2.3 acres, which is a rate of 33.26 fluid ounces per acre, or 2.08 pints per

acre. The Imidacloprid 2F label states:

• Do not apply more than 1.6 pt (0.4 lb of active ingredient) per acre per year. ...Intentionally applying this pesticide product in excess of the label’s allowable rate per

acre was inconsistent with the pesticide’s labeling and was in violation Of ORS 634.372

(2).

Sean J. Rinault violated ORS 634.372(2), which states A person may not: … As a

pesticide applicator or operator, intentionally or willfully apply or use a

worthless pesticide or any pesticide inconsistent with its labeling, or as apesticide consultant or dealer, recommend or distribute such pesticides. On

March 2, 2013 Mr. Rinault, as an agent or employee of Collier Investment Group, Inc.,

under its previous name of Collier Arbor Care, Inc., intentionally applied a pesticide



AttachmentsAttachment Name Type

Tab 01 - Business registry, Collier Investment Group, Inc. Misc.

Tab 02 - Collier name change Misc.

Tab 03 - License, Collier Arbor Care Inc., CPO Misc.

Tab 04 - License, Ray J. Duval, CPA Misc.Tab 05 - Licensing recertification history, Duval Misc.

Tab 06 - License, Sean J. Rinault, CPA Misc.

Tab 07 - Licensing recertification history, Rinault Misc.

Tab 08 - downtown Portland Maps

Tab 09 - Portland Maps

Tab 10 - 200 Market St, area measurement of grounds Maps

Tab 11 - Email with record Correspondence

Tab 12 - Application record, 200 Market Street Building Records

Tab 13 - Imidacloprid 2F, EPA Reg. No. 66222-203, provided by Label

Tab 14 - Imidacloprid, Fact Sheet, NPIC Misc.

Tab 15 - Weather data Misc.

Tab 16 - email with complainants Correspondence

Tab 17 - Photographs, captions, July 8, 2013 Photos

Tab 18 - Photographs, captions, August 12, 2013 Photos

Tab 19 - note regarding tree locations Case notes

Tab 20 - 200 Market Street sampling Misc.Tab 21 - Request for analysis Correspondence

Tab 22 - email, results of analysis, bees Correspondence

Tab 23 - Analytical results, bees Misc.

Tab 24 - Email, results of analysis, foliar Correspondence

Tab 25 - Analytical results, foliage Misc.

Tab 26 - Results table (analytical results) Misc.

Tab 27 - Enforcement Case Referral letter to EPA Correspondence

Tab 28 - Notice of Violation and Imposition of Civil Penalty, Collier Enforcement

Tab 29 - Notice of Imposition of Civil Penalty, Duval Enforcement

Tab 30 - Notice of Imposition of Civil Penalty, Rinault Enforcement

Tab 31 - Request for public record, Carr Public record

Tab 32 requests for hearing ODA's responses Enforcement



Enforcement Summary

Name

License

Type

Prohibition

Violated

Number of

Actions Action

Notice

Issued

Notice

Served

Hearing

Reqsted

Informal

Held

Final Order

Issued

Orig CP

Amount $

Actual CP

Amount $

Collier Arbor Care,

Inc.

CPO 2 1 CP 12/16/13 12/17/13 12/23/13$407.00

Collier Arbor Care,

Inc.

CPO NONE 1 NONE (for violation of

634.372(5) see

140006)

Duval, Ray J. CPA 2 1 CP 12/16/13 12/17/13 12/23/13$407.00Rinault, Sean J. CPA 2 1 CP 12/16/13 12/17/13 12/23/13$407.00

$1,221.00TOTAL Orig CP Amount $ TOTAL Actual CP Amount $




December 17, 2013:

Dale Mitchell and Michael Babbitt, ODA Pesticides, went to Collier Arbor Care, met with

the parties and served the enforcement notices.

Enforcement Notes



Notes

When Sent From To

12/20/2013 10:44:05 AM Michael Babbitt Sunny Jones

Please note Mr. Carr's public record request. Thank you.


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