Aviation company stops spraying, faces fines
An Oregon agricultural aviation company has agreed to stop spraying pesticides for the next month while it turns over application records to farm regulations.
The Oregon Department of Agriculture sought an injunction against Applebee Aviation of Banks, Ore., because the company allegedly continued to spray pesticides despite a suspension of its applicator’s license.
Applebee Aviation also faces a $40,000 fine and a yearlong revocation of its license for these alleged actions.
Rob Ireland, the company’s attorney, said he could not yet speak about the allegations but said Applebee Aviation agreed to a stipulated injunction on Oct. 19 not to spray pesticides for 30 days.
The company is cooperating with ODA and is still performing non-pesticide services, such as Christmas tree harvesting and fertilizer applications, he said.
“The other agricultural support activities are still going on,” said Ireland.
Pesticide regulators at ODA spoke with Applebee Aviation about its safety concerns over the spring and summer but suspended the company’s applicator license on Sept. 25 after learning “these pesticide-related worker safety deficiencies were continuing,” according to an agency document.
Workers did not wear all the protective gear required to apply several herbicides and weren’t properly trained, among other problems, according to ODA.
Despite this suspension, the company sprayed pesticides four times on timber tracts in Clatsop County and on 800 acres of U.S. Bureau of Land Management property near Christmas Valley, Ore., with each violation warranting a $10,000 penalty, according to ODA.
“Applebee Aviation demonstrated that it will ignore or fail to comply with any or all pesticide application requirements if compliance will cost it money,” the agency said in a civil penalty order.
The ODA claims that the company’s owner, Michael Applebee, asked the agency for an exception to the license suspension because the BLM contract was worth $3 million but was told such exceptions aren’t possible.
By disregarding the suspension order, Applebee Aviation has undermined the “level playing field” for pesticide applicators who follow the rules, which justifies “immediate and severe consequences,” ODA said in a court filing.
“Defendants’ actions threaten to cause irreparable harm by sending a message to the pesticide industry that pesticide operators may continue to operate even when they intentionally and blatantly violate the law,” the filing said.