Document yrgdnMdvdv40oX9wjRvD36qn6

Report on Agricultural Establishment Inspection To Determine Compliance With FIFRA Section 12 B&Y Pest Control, Inc. (a.k.a. BNY Pest Control) 1724 Robert Dale Dr., NE Albuquerque, New Mexico 87112 Coordinates: Latitude: 35.10070 N Longitude: -106.49806 W December 2, 2015 Performed by: U.S. Environmental Protection Agency Region 6 1445 Ross Avenue Dallas, Texas 75202 FIFRA Establishment Inspection Report 1. COMPANY INFORMATION: a. Company Name: B&Y Pest Control b. EPA Est. No.: None c. Responsible Official: Mr. Jesse Stanich d. Type of Ownership: Private 2. DATE OF INSPECTION: December 2, 2015 3. PARTICIPANTS: Representing BNY Pest Control Contact Name Jesse Stanich Phone No. 505-291-9924 Email or title General Manager US EPA Region 6 Gerardo Acosta (lead) Lee McMillan 214-665-8042 acosta.gerardo@epa.gov 214-665-6404 mcmillan.lee@epa.gov NMDA Stephen Baca 505-362-1392 SBaca@nmda.nmsu.edu 4. BACKGROUND: B&Y Pest Control (BNY or "the facility") is a family owned business that began operations in 1984, from a residential garage (see photos #1-5, in attachment C). BNY is a commercial pesticide application establishment with the New Mexico Department of Agriculture (NMDA). The facility has three pesticide applicator licenses under one business license No. 358, and is located at 1724 Robert Dale Dr., NE, Albuquerque, New Mexico 87112. BNY provides pest control alternatives to residential and commercial customers. One of their customers is the Bureau of Indian Education (BIE) within the Bureau of Indian Affairs, under the United States Department of Interior. BNY provides for structural pest control services at the following BIE managed schools: Sky City, San Felipe, Ijemez, and Tsia. They purchase the pesticides from various vendors, but mostly from Winfield Solutions, in Albuquerque, New Mexico. The facility has a fleet of small minivans to deliver the pesticide application services (see photos). In an email correspondence from BNY dated May 4, 2015, the facility inquired about applying pesticides to address a prairie dog infestation at the Sky City School (SCS) in the Pueblo of Acoma (see page 55, in attachment F). SCS is located about 62 miles west of Albuquerque, NM. Prior to the inspection, the EPA Region 6 (EPA) inspectors met with personnel from the BIE and Pueblo of Acoma. BIE has an office within minutes of Albuquerque, NM. During the meeting with the Pueblo of Acoma, EPA also visited the grounds of the SCS. EPA observed and documented what appeared to be oats on the burrows. A few of the burrows were closed, while others appeared to have been smashed. Two of the burrows were surrounded by stones, and one was clogged with a plastic bag (see photos from SCS site tour in attachment E). 5. NARRATIVE: After meeting with Mr. Jesse Stanich, on December 2, I presented my credentials and stated that the scope of this inspection was to determine compliance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) regarding all pesticide products applied by the facility. Because of a recent incident in the SCS involving an alleged misuse of a pesticide, I noted in the NOI the potential violation of Section 12(a)(2)(G). I provided a notice of inspection and receipt for sample forms, which he signed. In the receipt for samples form I added a brief description of the documents requested and obtained during the inspection (see EPA Forms in attachments A & B). Mr. Stanich stated that he was the general manager at the time of the inspection, and asked if this inspection was related to the prairie dog incident in the Pueblo of Acoma. I told Mr. Stanich that yes, it was and that we were interested in looking into copies of his records for their pesticide application to the Sky City School (SCS). Before the inspection, I understood that the facility applied the pesticide Kaput (EPA Reg. No. 72500-9). This information is consistent with email correspondence between Mr. Stanich and the Bureau of Indian Education (BIE). Because the BIE has jurisdiction over SCS all pesticide application at the school is coordinated by personnel from BIE (see page 60, in attachment F). During the inspection, Mr. Stanich also provided the copies of pesticide application, which indicated that the pesticide applied was not Kaput, but ZP Rodent Oat Bait AG (EPA Reg. No. 12455-102). After learning this I requested copies of invoices from their vendor. Mr. Stanich provided copies of these invoices, which indicate that they purchased the ZP Rodent Oat Bait AG from Winfield Solutions (WS), in Albuquerque, NM (see pages 56-58, in attachment F). Mr. Stanich also provided copies of their pesticide application at the SCS, which are consistent with the dates when BNY purchased the pesticide from WS (see pages 46-53, in attachment F). He also told me that he did not inform WS that the pesticide would be applied at a school. Mr. Stanich then stated that because of timing issues, perhaps the two pesticides were mixed up in the email correspondence (see page 55, in attachment F). When I asked who did the application, Mr. Stanich said that his brother did and provided copies of text message indicating the pesticide applied (see page 62, in attachment F). According to email correspondence between BIE and BNY, representatives from BIE were concerned about having applied the pesticide Kaput. On October 28, 2015, Mr. Kenneth McPherson, from EPA Region 6, conducted a site visit at SCS. After Mr. McPherson learned that the SCS was probably treated with the pesticide Kaput, he made recommendations to BIE staff. Mr. McPherson recommended BIE to "restrict children and pet access until you can have the pesticide applicator pick-up and remove the exposed oats around and near burrow openings per label directions, and to fill in any burrows on the school grounds that were treated with product in order to limit children and pet access..." After BIE learned this they requested BNY to stop pesticide applications at the SCS (see pages 63-65, in attachment F). After the document gathering, EPA looked into their pesticide storage area (see photos 1-2, in attachment C). Then, I told Mr. Stanich that we'll get back with him regarding the outcome of this inspection. We stated that any application of a restricted use pesticide, such as this one, should be done to minimize access to children and non-target pests, especially at any school, I also told him to convey information like this to his vendor before recommending any application. 6. ATTACHMENTS: A. Notice of Inspection Form; B. Receipt for Samples Form; C. EPA Photolog; D. Map to drive to the facility; E. EPA Photolog from Sky City School site tour, and; F. Documents from the facility. 7. CONCLUSION: During the inspection, it appears that the facility applied a restricted use pesticide in violation of Section 12(a)(2)(G) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). First, they did not keep the pesticide out of reach of children. Also, they did not keep it away from pets and other non-target pests. The label states that baits "must be placed in tamper-resistant bait stations", that the "stations must be resistant to destruction by dogs and by children under 6 years of age", and "must be used in a manner that prevents such children from reaching into bait compartments and obtaining bait." Additionally, BNY did not have a Federal license to apply restricted use pesticides on Tribal Lands at the time of the applications of the pesticide. ATTACHMENT A ATTACHMENT B ATTACHMENT C UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 1 Photographer: Lee McMillan Date: December 2, 2015 City/County: Albuquerque / Bernalillo Location: BNY Pest Control Subject: Pesticide storage closet Time: 4:51 PM State: New Mexico UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 2 Photographer: Lee McMillan Date: December 2, 2015 City/County: Albuquerque / Bernalillo Location: BNY Pest Control Subject: Pesticide storage closet door closed Time: 4:52 PM State: New Mexico UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 3 Photographer: Gerardo Acosta Date: December 2, 2015 City/County: Albuquerque / Bernalillo Location: BNY Pest Control Subject: Business door to main office Time: 4:55 PM State: New Mexico UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 4 Photographer: Gerardo Acosta Date: December 2, 2015 City/County: Albuquerque / Bernalillo Location: BNY Pest Control Subject: Pesticide application vehicle Time: 4:55 PM State: New Mexico UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 5 Photographer: Gerardo Acosta Date: December 2, 2015 Time: 4:56 PM City/County: Albuquerque / Bernalillo State: New Mexico Location: BNY Pest Control Subject: Business office located on right door (inside garage) @ 1724 Robert Dale Street. ATTACHMENT D Directions to applicator site ATTACHMENT E UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 1 Photographer: Gerardo Acosta Date: December 1, 2015 City/County: Pueblo of Acoma / Cibola Location: Sky City School Subject: EPA Region 6 staff signing in at the school before the site tour Time: 11:02 AM State: New Mexico UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 2 Photographer: Gerardo Acosta Date: December 1, 2015 Time: 11:09 AM City/County: Pueblo of Acoma / Cibola State: New Mexico Location: Sky City School Subject: Overview of the area with prairie dog damage @ North side - looking Northeast UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 3 Photographer: Gerardo Acosta Date: December 1, 2015 Time: 11:10 AM City/County: Pueblo of Acoma / Cibola State: New Mexico Location: Sky City School Subject: Closer look into the area with prairie dog damage @ North side - looking Northeast UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 4 Photographer: Gerardo Acosta Date: December 1, 2015 Time: 11:11 AM City/County: Pueblo of Acoma / Cibola State: New Mexico Location: Sky City School Subject: Closer look into the area with prairie dog damage & pesticide residue @ North side UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 5 Photographer: Gerardo Acosta Date: December 1, 2015 Time: 11:11 AM City/County: Pueblo of Acoma / Cibola State: New Mexico Location: Sky City School Subject: Closer look into the area with prairie dog damage & pesticide residue @ North side UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 6 Photographer: Gerardo Acosta Date: December 1, 2015 Time: 11:11 AM City/County: Pueblo of Acoma / Cibola State: New Mexico Location: Sky City School Subject: Closer look into the area with prairie dog damage & pesticide residue @ North side UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 7 Photographer: Gerardo Acosta Date: December 1, 2015 Time: 11:12 AM City/County: Pueblo of Acoma / Cibola State: New Mexico Location: Sky City School Subject: Closer look into the area with prairie dog damage & pesticide residue @ North side UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 8 Photographer: Gerardo Acosta Date: December 1, 2015 Time: 11:13 AM City/County: Pueblo of Acoma / Cibola State: New Mexico Location: Sky City School Subject: Closer look into the area with prairie dog damage @ North side UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 9 Photographer: Gerardo Acosta Date: December 1, 2015 Time: 11:14 AM City/County: Pueblo of Acoma / Cibola State: New Mexico Location: Sky City School Subject: Closer look into the area with prairie dog damage & pesticide residue @ North side UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 10 Photographer: Gerardo Acosta Date: December 1, 2015 Time: 11:15 AM City/County: Pueblo of Acoma / Cibola State: New Mexico Location: Sky City School Subject: Closer look into the area with prairie dog damage & pesticide residue @ North side - using cell phone as reference UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 11 Photographer: Gerardo Acosta Date: December 1, 2015 Time: 11:16 AM City/County: Pueblo of Acoma / Cibola State: New Mexico Location: Sky City School Subject: Closer look into the area with prairie dog damage @ North side UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 12 Photographer: Gerardo Acosta Date: December 1, 2015 Time: 11:17 AM City/County: Pueblo of Acoma / Cibola State: New Mexico Location: Sky City School Subject: Closer look into the area with prairie dog damage & pesticide residue @ North side UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 13 Photographer: Gerardo Acosta Date: December 1, 2015 Time: 11:17 AM City/County: Pueblo of Acoma / Cibola State: New Mexico Location: Sky City School Subject: Closer look into the area with prairie dog damage @ North side - looking Northeast UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 14 Photographer: Gerardo Acosta Date: December 1, 2015 Time: 11:18 AM City/County: Pueblo of Acoma / Cibola State: New Mexico Location: Sky City School Subject: Closer look into the area with prairie dog damage & pesticide residue @ North side with ruler UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 15 Photographer: Gerardo Acosta Date: December 1, 2015 Time: 11:21 AM City/County: Pueblo of Acoma / Cibola State: New Mexico Location: Sky City School Subject: Closer look into the area with prairie dog damage & pesticide residue @ North side UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 16 Photographer: Gerardo Acosta Date: December 1, 2015 Time: 11:22 AM City/County: Pueblo of Acoma / Cibola State: New Mexico Location: Sky City School Subject: Closer look into the area with prairie dog damage @ North side - with plastic bag UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 17 Photographer: Gerardo Acosta Date: December 1, 2015 Time: 11:23 AM City/County: Pueblo of Acoma / Cibola State: New Mexico Location: Sky City School Subject: Closer look into the area with prairie dog damage & pesticide residue @ North side UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 18 Photographer: Gerardo Acosta Date: December 1, 2015 Time: 11:25 AM City/County: Pueblo of Acoma / Cibola State: New Mexico Location: Sky City School Subject: Closer look into the area with prairie dog damage & pesticide residue @ North side with ruler UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 19 Photographer: Gerardo Acosta Date: December 1, 2015 Time: 11:29 AM City/County: Pueblo of Acoma / Cibola State: New Mexico Location: Sky City School Subject: Closer look into the area with prairie dog damage & rocks @ North side with ruler UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 20 Photographer: Gerardo Acosta Date: December 1, 2015 Time: 11:30 AM City/County: Pueblo of Acoma / Cibola State: New Mexico Location: Sky City School Subject: Closer look into the area with prairie dog damage & rocks @ North side UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 21 Photographer: Gerardo Acosta Date: December 1, 2015 Time: 11:30 AM City/County: Pueblo of Acoma / Cibola State: New Mexico Location: Sky City School Subject: Closer look into the area with prairie dog damage @ North side - looking Northeast UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo # 22 Photographer: Gerardo Acosta Date: December 1, 2015 Time: 11:37 AM City/County: Pueblo of Acoma / Cibola State: New Mexico Location: Sky City School Subject: Children running to playground area near prairie dog damage @ East side - looking Northeast ATTACHMENT F