west linn case detail

8/13/2019 West Linn Case Detail

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John Kitzhaber, Governor

Case ClosedCase Number: 140006Case Name: Collier Arbor Care (The Oregon Golf Club) / unknown

Verified Yes 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 7

Sample Type AirAnimalSoilSwabWater

VegOther

Number of Samples Analyzed 7

Date of Referral

List Test(s) Requested imidacloprid, dinotefuran

Referral to Another Agency?

Investigator

Michael Babbitt

Overview


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Yes No Yes NoSuspected Violation?

PartiesInvolved

License #

Phone

License TypeExpiration DateCounty Category

Last / Business NameAddressCity

First

State Zip

Parties Involved

503-650-6900 Clackamas

Customer The Oregon Golf Club

25700 SW Pete's Mountain RoadWest Linn OR 97068

503-655-4533 Clackamas

Manager Vandehey RussThe Oregon Golf ClubWest Linn OR 97068

CPO

503-722-7267 Multnomah

AG-L0000757CPOOperator COLLIER ARBOR CARE11814 SE JENNIFER ST contacts: Janet Collier, Chris Ritschard

TOIF, TOHCLACKAMAS OR 97015

12/31/2013

CPA

503-722-7267 Multnomah

AG-L1016560CPAApplicator STRIEDIECK CIRRUS6611 SE STEELE

AgIFPORTLAND OR 97206

12/31/2013

Complainant Unknown customer /


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Start Time 1015 End Time 13005/13/2013Date of Application

ORN-Insect/Fungi

Category

25700 SW Pete's Mountain Road, West Linn, Clackamas County, Oregon

Location of Application

shade trees, Lindens, in golf course club house parking lot

Specific Site/Crop

77.2 fluid ounces applied to 47 lindens (diameters totaling 772 inches), in a parking lot area about 4.9 acres in sizeRate of Application (mixing rate, diluent, rate per area, etc)

Control of aphids on linden trees

Purpose

Soil drenchMethod of Application

Time of Day

Application Information

Pesticides Involved

Application Note

Type Manufacturer Trade Name EPA Reg. No. Active Ingredients


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Type Manufacturer Trade Name EPA Reg. No. Active Ingredients

Pesticides Involved

Insecticide Makhteshim Agan of NorthAmerica, Inc.

Quali-Pro Imidacloprid 2F T&O 66222-203 Imidacloprid

3. Sunny Jones 12/26/13


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NarrativeJuly 2, 2013:

I, Michael Babbitt , ODA Pesticides Investigator, went to The Oregon Golf Club inWest Linn, Clackamas County, Oregon, to respond to a report of a bee kill. A customer of

The Oregon Golf Club (the club) had reported to ODA that he had seen dead bumblebees ( Bombus spp .) scattered over the club's club house parking lot, beneath lindentrees. (Lindens, also known in America as basswood trees, comprise several Eurasianand North America species of the genus Tilia .)

I met with Russ Vanderhey , grounds manager for The Oregon Golf Club, who hadalready discussed this matter with Michael Odenthal , ODA Pesticides Lead Investigator.Mr. Vanderhey explained that dead bumble bees were indeed on the parking lot andprovided information on a recent pesticide application. Specifically, on May 13, 2013,Collier Arbor Care, Inc. (Collier) had performed a drench application of an imidaclopridinsecticide to the lindens, in order to control aphids and minimize aphid honeydewdropping onto parked cars. As Mr. Vanderhey later confirmed, no other pesticideproducts had been applied to the linden trees in 2013. Imidacloprid is a neonicotinoid, aclass of insecticides that are synthetic analogues of nicotine and which are widelysuspected of being associated with bee declines. The prospect of a bee kill possiblyassociated with a neonicotinoid indicated that ODA should collect as much information aspossible.

Mr. Vanderhey took me to the club parking lot where the dead bees had been reported.The lot, including landscaped borders and interior strips, was about five acres in size.The landscaped areas were largely planted with linden trees and turf, so that most of thecars parked in the lot were in the shade of lindens. The trees had been in bloom but itappeared the blossoms had largely dried up. There were dead bumble bees scatteredover the parking lot wherever, and only where, linden foliage was overhead.

Sampling Plan


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NarrativeNUF140006-6, linden leaves, southern part of parking lot

I put the samples in cool storage and took them to ODA's Laboratory Services inPortland (the ODA lab), and asked that they be placed on hold.

July 3, 2013:

After getting permission from Mr. Vanderhay, I returned to the parking lot and collectedalmost all of the dead bees I could find, picking them up by hand, with isopropanol-rinsed nitrile gloves. At this time I noticed a lot of honey bees ( Apis melifera ) foraging onthe linden flowers, which apparently were not as dried up as I had thought. It took aboutan hour to collect about 700 ml of dead bees, which were collected from the asphalt

surfaces below the linden canopies. These dead bees were about 99% Bombus , and 1%honey bees. This sample of dead bees was labeled as NUF140006-7. I put the sample incool storage and took it to Salem, where I secured it in the ODA Pesticides samplefreezer.

July 8, 2013:

I took sample NUF140006-7, the dead bumblebees, to the ODA lab, and asked that it beplaced on hold.

On or before this date I received Collier's record of their imidacloprid application to thelinden trees. The record consisted of a Work Order and a Daily Work Report, whichdocumented the use of:

Quali-Pro Imidacloprid 2F Turf & Ornamental Insecticide (EPA Reg. No. 66222-203,Makhteshim Agan of North America).

77.2 fluid ounces of this product had been applied in a soil drench, to 47 lindens, byCollier's employee Cirrus W. "Wade" Striedieck . Mr. Striedieck was licensed by ODAas a Commercial Pesticide Applicator (CPA), with the category AgricultureI ti id /f i id hi li did t i l d th T f & O t l


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NarrativeI called Collier and told Chris Ritschard about the license category issue for Mr.Striedieck. I also asked Mr. Ritschard about past history of imidacloprid use on thelindens at The Oregon Golf Club parking lot. He said that imidacloprid had not been

applied there in 2012, but that it had been on April 6, 2011.July 12, 2013:

ODA received from Collier a label for Quali-Pro Imidacloprid 2F Turf & OrnamentalInsecticide (EPA Reg. No. 66222-203). It was a label taken from a container.

July 15, 2013:

The applicator, Mr. Striedieck, and I had by this time exchanged voice mail severaltimes, attempting to make contact. On this day we spoke. I explained my role in ODA'sprocess, and asked Mr. Striedieck about the Imidacloprid 2F soil drench application. Heconfirmed the date of the application, and said that the only plants treated had been thelindens at the parking lot, with the purpose being to control aphids and minimizehoneydew deposition onto cars. Mr. Striedieck calculated the application for, and appliedthe product to, each tree individually. His process was to dig a small trench around thetree, measure each tree diameter, and with that information calculate the amount of

product needed. For each tree Mr. Striedieck then measured out the volume of productwith a measuring syringe, diluted it with water in a bucket, and pored the mixture ontothe trunk, such that much or most of it drained down into the trench and was absorbedinto the soil, and the remainder was absorbed through the bark. (According to anestimate given at a later date by Mr. Ritschard, the mixing ratio was about 5 to 1, waterto product.)

I noted that it appeared Mr. Striedieck had the wrong license category for thisapplication; he said he would check Arbor Care's records and see if he could find anyrelevant records.

July 17 2013:


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NarrativeQuali-Pro Imidacloprid 2F Turf & Ornamental Insecticide (EPA Reg. No. 66222-203,Makhteshim Agan of North America) is for use on ornamentals in commercial andresidential landscapes and interior plantscapes. Quali-Pro Imidacloprid 2F Turf &

Ornamental Insecticide is a systemic product and will be taken up into the plant systemfrom root uptake. The product must be placed where the growing portion of the targetplant can absorb the active ingredient. The addition of a nitrogen-containing fertilizer,where applicable, into the solution may enhance the uptake of the active ingredient.Application can be made by foliar application or soil applications including soil injection,drenches, and broadcast sprays. Foliar applications offer locally systemic activity againstinsect pests.

When making soil applications to plants with woody stems, systemic activity will bedelayed until the active ingredient is taken up throughout the plant. In some cases, thistranslocation delay could take 60 days or longer. For this reason, apply prior toanticipated pest infestation to achieve optimum levels of control.

The Quali-Pro Imidacloprid 2F label also imposes restrictions that apply to allapplications. Under RESTRICTIONS it states:

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

The label section on soil injection applications for trees provides an allowable applicationrate range of 0.1 to 0.2 fluid ounce per inch of DBH (trunk Diameter at Breast Height),applied in "enough water to mix the product and inject an equal amount of solution ineach hole." These holes being those dug into the ground around the tree.

August 4, 2013:

The ODA lab issued the following results of its analysis of the linden and bee samples.The results are in parts per million (ppm):

Detected Minimum Detection


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Narrative

September 24, 2013:

I left voice mail for Mr. Ritschard.

October 14, 2013:Chris Ritschard returned my call, and I requested more detailed information on howmuch water was mixed with the Quali-Pro Imidacloprid 2F. Mr. Ritschard said that thewater was not measured, but that generally they used a ratio of 5 to 1, water to product.I explained that ODA was still collecting information on this matter, and may yet havefurther questions. Mr. Ritschard noted that Collier Arbor Care had been bought out byBartlett Tree Experts .


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ConclusionODA has reviewed this matter and concluded that Collier Arbor Care and Cirrus W.Striedieck violated Oregon's State Pesticide Control Act:

Collier Investment Group, Inc. violated ORS 634.372(9), which states A person maynot: As a pesticide operator, engage in the business of, or represent oradvertise as being in the business of, applying pesticides upon the land orproperty of another, without first obtaining and maintaining a pesticideoperators license. The operator also may not engage in a class of pesticideapplication business that is not specifically authorized by license issued by theState Department of Agriculture. The operator also may not employ or use anyperson to apply or spray pesticides who is not a licensed pesticide applicator or

pesticide trainee . On May 13, 2013 Collier Investment Group, Inc., under its previousname of Collier Arbor Care, Inc. and through its agent or employee Cirrus W. Wade Striedieck, applied a pesticide product to ornamental shade trees on the clubhouseparking lot of The Oregon Golf Club, 25700 SW Petes Mountain Road, West Linn,Clackamas County, Oregon. Neither Collier nor Mr. Striedieck had any ownership orcontrol over the treated site. During the Golf Club application Collier was an Oregon-licensed Commercial Pesticide Operator and Mr. Striedieck was licensed by ODA as a

Commercial Pesticide Applicator. The only category on Mr. Striediecks license at thistime was Agriculture Insecticide/fungicide. Using this CPA to perform a pesticideapplication onto an Oregon ornamental site of another, when he did not have the Turf & Ornamental category on his Oregon CPA license, was engaging in a class of pesticideapplication business that was not specifically authorized by the CPAs Oregon license, orwas using an unlicensed pesticide applicator, and therefore, was in violation of ORS634.372(9).

Collier Investment Group, Inc. violated ORS 634.372(5) , which states A person maynot Refuse or neglect to prepare and maintain records required to be kept bythe provisions of this chapter . As an Oregon-licensed Commercial Pesticide Operator,


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Conclusion

And the ODA reviewed Colliers pesticide application record for the Safari 20 SGapplications at the Argyle Square Target Store. This record lacked documentation of thesystemic treatment made to some of the trees.

The pesticide applications partially documented by these records were performed inOregon by a Commercial Pesticide Operator onto the properties of others, and werecommercial pesticide applications subject to the record keeping requirements of ORS634.146. Regarding the preparation and maintenance of commercial pesticide applicationrecords in Oregon:

Failing to accurately or sufficiently identify the pesticide product used is contrary to ORS

634.146(1)(e), which requires records to include the trade name and the strength ofsuch pesticides."

Failing to record the dilution rate of the pesticide product used is contrary to ORS634.146(1)(f), which requires records to include the amount or concentration (poundsor 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 thepesticide was applied." ORS 634.146(1)(g)."

Failing to record equipment or device used to make the application is contrary to ORS634.146(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 arerequired by ORS 634.146(1) was in violation of ORS 634.372(5).

These record omissions are not listed in the Enforcement Tab of this case as a violation


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ConclusionCirrus W. Striedieck violated ORS 634.372(8), which states A person may not: Asa pesticide applicator, work or engage in the application of any classes of pesticides without first obtaining and maintaining a pesticide applicatorslicense, or apply pesticides that are not specifically authorized by such license.On May 13, 2013 Mr. Striedieck, as an agent or employee of Collier Investment Group,Inc., under its previous name of Collier Arbor Care, Inc., applied a pesticide product toornamental shade trees on the clubhouse parking lot of The Oregon Golf Club, 25700 SWPetes Mountain Road, West Linn, Clackamas County, Oregon. Neither Collier nor Mr.Striedieck had any ownership or control over the treated site. During the Golf Clubapplication Mr. Striedieck was licensed by ODA as a Commercial Pesticide Applicator. Theonly category on Mr. Striediecks license at this time was AgricultureInsecticide/fungicide. Mr. Striediecks applying a pesticide onto an Oregon ornamentalsite of another, without the Turf & Ornamental category on his Oregon CPA license, wasengaging in a pesticide application not specifically authorized by the license and was inviolation of ORS 634.372(8).


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AttachmentsAttachment Name TypeTab 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, Cirrus W. (Wade) Striedieck, CPA Misc.Tab 05 - License with new category, Cirrus W. (Wade) Striedieck, Misc.

Tab 06 - Licensing recertification history, Striedieck Misc.Tab 07 - The Oregon Golf Club, West Linn area MapsTab 08 - 25700 SW Pete's Mountain Road, The Oregon Golf Club MapsTab 09 - Area measurement of parking lot MapsTab 10 - South Portland area MapsTab 11 - Application record, Collier, work order Records

Tab 12 - Application record, Collier, work report RecordsTab 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 - emailed complaint, PARC referral CorrespondenceTab 17 - Field notes Case notesTab 18 - Photographs and captions PhotosTab 19 - Oregon Golf Club parking lot foliar sampling Maps

Tab 20 - Sample documents as submitted, first set Misc.Tab 21 - Sample documents as submitted, second set Misc.Tab 22 - Request for analysis CorrespondenceTab 23 - email, results of analysis CorrespondenceTab 24 - analytical results Misc.Tab 25 - Results table (analytical results) Misc.Tab 26 - Imidacloprid Enforcement Case Referral (ECR) CorrespondenceTab 27 - Notice of Viol and Impn of Civil Penalty, Collier Enforcement

Tab 28 - Notice of Violation, Striedieck EnforcementTab 29 - Request for public record, Carr Public recordTab 30 - additional notes Case notesTab 31 - requests for hearing, ODA's responses Enforcement


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Enforcement Summary

NameLicenseType

ProhibitionViolated

Number of Actions Action

NoticeIssued

NoticeServed

HearingReqsted

InformalHeld

Final OrderIssued

Orig CPAmount $

Actual CPAmount $

Collier Arbor Care,Inc.

CPO 9 1 NOV (category) 12/16/13 12/17/13 12/23/13

Striedieck, CirrusW.

CPA 8 1 NOV (category) 12/16/13 12/17/13 12/23/13

Collier Arbor Care,

Inc.

CPO NONE 1 NONE (for violation of

634.372(5) see140006)

TOTAL Orig CP Amount $ TOTAL Actual CP Amount $



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Subsequent to this investigation Mr. Striedieck obtained the T&O Insecticide/fungicidecategory on his CPA license.

December 17, 2013:Dale Mitchell and Michael Babbitt, ODA Pesticides, went to Collier Arbor Care, met withthe parties and served the enforcement notices.

Enforcement Notes


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NotesWhen Sent From To

12/20/2013 10:44:21 AM Michael Babbitt Sunny JonesPlease note Mr. Carr's public record request. Thank you.


west linn case detail

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