The violations came to light after two Layton girls died in February after pesticide was improperly applied at the family’s home.
Seven employees of the pesticide company, including company owner Ray Wilson, have been assessed fines totaling $46,800 for misapplication of pesticide and record-keeping violations. Each employee will serve two years probation under the terms of the settlement reached with the Utah Attorney General’s Office and the Utah Division of Plant Industry. The company is responsible for $30,000 of the fine.
Also as part of the settlement, the company’s employees will annually attend 18 hours of pesticide training offered through the Utah Department of Agriculture and Food, undergo records audits and have no new violations during the probation period.
Four-year-old Rebecca Toone and her 18-month old sister Rachel died after the pesticide Fumitoxen was applied to an area in the family’s front yard to get rid of voles.
Coleman Nocks, the exterminator who applied the poison was criminally charged, is facing another court hearing on Oct. 26. He surrendered his applicator license and agreed to never reapply for a pesticide license in Utah. According to a state Department of Agriculture press release, Nocks’ financial and criminal accountability will be left to Layton City prosecutors and any fines imposed on him by the UDAF could be included in restitution to the Toone family if he is so ordered.
The UDAF said it is satisfied that Bugman employees are willing to work with the department “to ensure future compliance with pesticide regulations that protect the public.”