John Kitzhaber, Governor

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

Case Closed

Overview
Investigator Michael Babbitt Case Reviewer Sunny Jones Date Started 07/02/2013 ROL Sent? Referral to Another Agency? Number of Samples Taken 7 Number of Samples Analyzed 7 Complaint? Refer to PARC? Cease & Desist LOA Verified Compliance? Yes Yes Yes Yes Yes No No No No No Sample Type Air Animal Soil Swab Water Veg Other Yes No Date Completed 11/12/2013 Date ROL Sent Date of Referral List Test(s) Requested imidacloprid, dinotefuran Manager

Type of Investigation NUF Suspected Violation? Yes No

Date Reviewed 11/12/2013 Date Case Completed Sixty Days 08/31/2013 One Hundred Twenty Days 10/30/2013

Related Cases ARI 130445, NUF 130480, NUF 140010

Tracking Bees Devices Non-target species Significant (EPA) Liquid spray application

Nature Inappropriate category

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Parties Involved
Parties Involved Customer Last / Business Name Address City The Oregon Golf Club 25700 SW Pete's Mountain Road West Linn Manager Vandehey The Oregon Golf Club West Linn Operator COLLIER ARBOR CARE INC 11814 SE JENNIFER ST OR 97068 503-655-4533 Clackamas CPO 12/31/2013 Multnomah TOIF, TOH Applicator STRIEDIECK 6611 SE STEELE PORTLAND Complainant Unknown customer / golfer OR 97206 503-722-7267 CIRRUS AG-L1016560CPA CPA 12/31/2013 Multnomah AgIF OR Russ 97068 503-650-6900 Clackamas First State Zip License # Phone License Type Expiration Date County

Category

AG-L0000757CPO contacts: Janet Collier, Chris Ritschard (503-209-5698, Chris' mobile) CLACKAMAS OR 97015 503-722-7267

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Application Information
Date of Application 5/13/2013 Application Note Category ORN-Insect/Fungi Location of Application 25700 SW Pete's Mountain Road, West Linn, Clackamas County, Oregon Specific Site/Crop shade trees, Lindens, in golf course club house parking lot Rate of Application (mixing rate, diluent, rate per area, etc) 77.2 fluid ounces applied to 47 lindens (diameters totaling 772 inches), in a parking lot area about 4.9 acres in size Purpose Control of aphids on linden trees Method of Application Soil drench Pesticides Involved Type Manufacturer Trade Name EPA Reg. No. Active Ingredients Start Time 1015 End Time 1300 Time of Day

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Pesticides Involved Type Insecticide Manufacturer Makhteshim Agan of North America, Inc. Trade Name Quali-Pro Imidacloprid 2F T&O EPA Reg. No. 66222-203 Active Ingredients Imidacloprid

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Narrative

July 2, 2013: I, Michael Babbitt, ODA Pesticides Investigator, went to The Oregon Golf Club in West 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 bumble bees (Bombus spp.) scattered over the club's club house parking lot, beneath linden trees. (Lindens, also known in America as basswood trees, comprise several Eurasian and North America species of the genus Tilia.) I met with Russ Vanderhey, grounds manager for The Oregon Golf Club, who had already discussed this matter with Michael Odenthal, ODA Pesticides Lead Investigator. Mr. Vanderhey explained that dead bumble bees were indeed on the parking lot and provided information on a recent pesticide application. Specifically, on May 13, 2013, Collier Arbor Care, Inc. (Collier) had performed a drench application of an imidacloprid insecticide to the lindens, in order to control aphids and minimize aphid honeydew dropping onto parked cars. As Mr. Vanderhey later confirmed, no other pesticide products had been applied to the linden trees in 2013. Imidacloprid is a neonicotinoid, a class of insecticides that are synthetic analogues of nicotine and which are widely suspected of being associated with bee declines. The prospect of a bee kill possibly associated with a neonicotinoid indicated that ODA should collect as much information as possible. 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 the cars parked in the lot were in the shade of lindens. The trees had been in bloom but it appeared the blossoms had largely dried up. There were dead bumble bees scattered over the parking lot wherever, and only where, linden foliage was overhead. Sampling Plan I consulted with Mr. Odenthal and Dale Mitchell, ODA Pesticides Enforcement Program Manager. The Department's goal here was to obtain samples that could be analyzed in order to determine whether or not imidacloprid was present in the leaves and flowers after the systemic application, as well as in the dead bees. Mr. Mitchell who directed me to collect a sample of blossoms and a sample of leaves from each of three linden trees in the club parking lot. Mr. Mitchell expressed the desire for a sample of the dead bees on the parking lot, but I responded that I did not have time to collect bees in addition to foliage this day. Mr. Vanderhay did give me permission to sample the linden trees. I wore new isopropanol-rinsed nitrile gloves and collected the following samples into clean paper bags: NUF140006-1, linden blossoms, northern part of parking lot NUF140006-2, linden leaves, northern part of parking lot NUF140006-3, linden blossoms, middle of parking lot NUF140006-4, linden leaves, middle of parking lot NUF140006-5, linden blossoms, southern part of parking lot
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Narrative

NUF140006-6, linden leaves, southern part of parking lot I put the samples in cool storage and took them to ODA's Laboratory Services in Portland (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 collected almost all of the dead bees I could find, picking them up by hand, with isopropanolrinsed nitrile gloves. At this time I noticed a lot of honey bees (Apis melifera) foraging on the linden flowers, which apparently were not as dried up as I had thought. It took about an 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 in cool storage and took it to Salem, where I secured it in the ODA Pesticides sample freezer. July 8, 2013: I took sample NUF140006-7, the dead bumblebees, to the ODA lab, and asked that it be placed on hold. On or before this date I received Collier's record of their imidacloprid application to the linden trees. The record consisted of a Work Order and a Daily Work Report, which documented 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, by Collier's employee Cirrus W. "Wade" Striedieck. Mr. Striedieck was licensed by ODA as a Commercial Pesticide Applicator (CPA), with the category Agriculture Insecticide/fungicide; his license did not include the Turf & Ornamental Insecticide/fungicide category. July 9, 2013: I referred this case to PARC, the Pesticide Analytical and Response Center, by means of email to Ted Bunch, PARC Coordinator, ODA Pesticides. I left voice mail for Janet Collier, at Collier Arbor Care. I spoke with Chris Ritschard, General Manager at Collier Arbor Care. July 10, 2013: 1510 Wade left voice mail for me, said he would be leaving soon, would call me again at the same time next day. July 11, 2013: I left voice mail for Mr. Vanderhey.

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Narrative

I 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 the lindens 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 & Ornamental Insecticide (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 several times, attempting to make contact. On this day we spoke. I explained my role in ODA's process, and asked Mr. Striedieck about the Imidacloprid 2F soil drench application. He confirmed the date of the application, and said that the only plants treated had been the lindens at the parking lot, with the purpose being to control aphids and minimize honeydew deposition onto cars. Mr. Striedieck calculated the application for, and applied the product to, each tree individually. His process was to dig a small trench around the tree, 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 product with a measuring syringe, diluted it with water in a bucket, and pored the mixture onto the trunk, such that much or most of it drained down into the trench and was absorbed into the soil, and the remainder was absorbed through the bark. (According to an estimate given at a later date by Mr. Ritschard, the mixing ratio was about 5 to 1, water to product.) I noted that it appeared Mr. Striedieck had the wrong license category for this application; he said he would check Arbor Care's records and see if he could find any relevant records. July 17, 2013: Mr. Odenthal sent an email to the ODA Lab, asking them to analyze the samples for imidacloprid, and if possible, for dinotefuran as well. 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:

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Narrative

Quali-Pro Imidacloprid 2F Turf & Ornamental Insecticide (EPA Reg. No. 66222-203, Makhteshim Agan of North America) is for use on ornamentals in commercial and residential landscapes and interior plantscapes. Quali-Pro Imidacloprid 2F Turf & Ornamental Insecticide is a systemic product and will be taken up into the plant system from root uptake. The product must be placed where the growing portion of the target plant 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 against insect pests. When making soil applications to plants with woody stems, systemic activity will be delayed until the active ingredient is taken up throughout the plant. In some cases, this translocation delay could take 60 days or longer. For this reason, apply prior to anticipated pest infestation to achieve optimum levels of control. The Quali-Pro Imidacloprid 2F label also imposes restrictions that apply to all applications. 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 application rate 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 in each 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): Sample No. NUF140006-1 NUF140006-2 NUF140006-3 NUF140006-4 NUF140006-5 NUF140006-6 NUF140006-7 Description blossoms, north leaves, north blossoms, middle leaves, middle blossoms, south leaves, south bees Detected imidacloprid 0.023 0.16 0.069 0.44 0.020 0.072 0.0039 Minimum Detection Level (MDL) 0.0040 0.0040 0.0040 0.0040 0.0040 0.0040 0.0020

The Minimum Detection Level (MDL) for imidacloprid was 0.0040 ppm, except for the bee sample, for which it was 0.0020 ppm. No dinotefuran was detected, at an MDL of 0.0040 ppm. September 23, 2013: Mr. Odenthal sent an Enforcement Case Referral (ECR) to EPA Region 10, with questions for EPA regarding interpretation of the Quali-Pro Imidacloprid 2F label.
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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 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. 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.

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Conclusion

ODA 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 may not: As a pesticide operator, engage in the business of, or represent or advertise as being in the business of, applying pesticides upon the land or property of another, without first obtaining and maintaining a pesticide operators license. The operator also may not engage in a class of pesticide application business that is not specifically authorized by license issued by the State Department of Agriculture. The operator also may not employ or use any person 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 previous name 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 clubhouse parking lot of The Oregon Golf Club, 25700 SW Petes Mountain Road, West Linn, Clackamas County, Oregon. Neither Collier nor Mr. Striedieck had any ownership or control over the treated site. During the Golf Club application Collier was an Oregonlicensed Commercial Pesticide Operator and Mr. Striedieck was licensed by ODA as a Commercial Pesticide Applicator. The only category on Mr. Striediecks license at this time was Agriculture Insecticide/fungicide. Using this CPA to perform a pesticide application 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 pesticide application business that was not specifically authorized by the CPAs Oregon license, or was using an unlicensed pesticide applicator, and therefore, was in violation of ORS 634.372(9). 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 the provisions of this chapter. As an Oregon-licensed Commercial Pesticide Operator, and under its previous name of Collier Arbor Care, Inc., Collier prepared and maintained records of the pesticide applications it performed onto the properties of others in Oregon. On June 4, 2013 the ODA reviewed some of these records as part of a routine pesticide application record inspection, to determine whether the records contained the elements required by ORS 634.146(1). This review revealed that the following required elements were missing from some of the records: Identification of the pesticide product used Dilution rate of the pesticide product used Specific identification of the type of treatment site

The ODA also reviewed Colliers records of the Market Street and Golf Club applications. These records lacked: Identification of the pesticide product used Dilution rate of the pesticide product used Equipment or device used to make the application
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Conclusion

And the ODA reviewed Colliers 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 ORS 634.146(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). These record omissions are not listed in the Enforcement Tab of this case as a violation of ORS 634.372(5). Rather, they are addressed in combination with another case; the Enforcement Tab of 130445 will note the violation of ORS 634.372(5). Enforcement notices were issued for multiple cases: 130445, 130480,140006, 140010.

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Conclusion

Cirrus W. Striedieck violated ORS 634.372(8), which states A person may not: As a pesticide applicator, work or engage in the application of any classes of pesticides without first obtaining and maintaining a pesticide applicators license, 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 to ornamental shade trees on the clubhouse parking lot of The Oregon Golf Club, 25700 SW Petes Mountain Road, West Linn, Clackamas County, Oregon. Neither Collier nor Mr. Striedieck had any ownership or control over the treated site. During the Golf Club application Mr. Striedieck was licensed by ODA as a Commercial Pesticide Applicator. The only category on Mr. Striediecks license at this time was Agriculture Insecticide/fungicide. Mr. Striediecks applying a pesticide onto an Oregon ornamental site of another, without the Turf & Ornamental category on his Oregon CPA license, was engaging in a pesticide application not specifically authorized by the license and was in violation of ORS 634.372(8).

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Attachments
Attachment Name Tab 01 - Business registry, Collier Investment Group, Inc. Tab 02 - Collier name change Tab 03 - License, Collier Arbor Care, Inc., CPO Tab 04 - License, Cirrus W. (Wade) Striedieck, CPA Tab 05 - License with new category, Cirrus W. (Wade) Striedieck, CPA Tab 06 - Licensing recertification history, Striedieck Tab 07 - The Oregon Golf Club, West Linn area Tab 08 - 25700 SW Pete's Mountain Road, The Oregon Golf Club Tab 09 - Area measurement of parking lot Tab 10 - South Portland area Tab 11 - Application record, Collier, work order Tab 12 - Application record, Collier, work report Tab 13 - Imidacloprid 2F, EPA Reg. No. 66222-203, provided by Collier Tab 14 - Imidacloprid, Fact Sheet, NPIC Tab 15 - Weather data Tab 16 - emailed complaint, PARC referral Tab 17 - Field notes Tab 18 - Photographs and captions Tab 19 - Oregon Golf Club parking lot foliar sampling Tab 20 - Sample documents as submitted, first set Tab 21 - Sample documents as submitted, second set Tab 22 - Request for analysis Tab 23 - email, results of analysis Tab 24 - analytical results Tab 25 - Results table (analytical results) Tab 26 - Imidacloprid Enforcement Case Referral (ECR) Tab 27 - Notice of Viol and Impn of Civil Penalty, Collier Tab 28 - Notice of Violation, Striedieck Tab 29 - Request for public record, Carr Tab 30 - additional notes Tab 31 - requests for hearing, ODA's responses Type Misc. Misc. Misc. Misc. Misc. Misc. Maps Maps Maps Maps Records Records Label Misc. Misc. Correspondence Case notes Photos Maps Misc. Misc. Correspondence Correspondence Misc. Misc. Correspondence Enforcement Enforcement Public record Case notes Enforcement

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Enforcement Summary
Name Collier Arbor Care, Inc. Striedieck, Cirrus W. Collier Arbor Care, Inc. License Type CPO CPA CPO Prohibition Violated 9 8 NONE Number of Actions 1 1 1 Action NOV NOV (category) (category) Notice Issued 12/16/13 12/16/13 Notice Served 12/17/13 12/17/13 Orig CP Amount $ Hearing Reqsted 12/23/13 12/23/13 Informal Held Final Order Issued Actual CP Amount $

NONE (for violation of 634.372(5) see 140006) TOTAL Orig CP Amount $ TOTAL Actual CP Amount $

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Enforcement Notes

Subsequent to this investigation Mr. Striedieck obtained the T&O Insecticide/fungicide category on his CPA license. December 17, 2013: Dale Mitchell and Michael Babbitt, ODA Pesticides, went to Collier Arbor Care, met with the parties and served the enforcement notices.

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Notes
When Sent From 12/20/2013 10:44:21 AM Michael Babbitt Please note Mr. Carr's public record request. Thank you. To Sunny Jones

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