Author: dougabaird@earthlink.net

DEADLY DRIFT

If there’s a law; and nobody enforces it: Does it actually exist?

“Early Sunday morning, June 4, 2017, I was sicker than I had ever been before.

Too sick to even bend over, as I vomited all over the toilet, myself, and the bathroom floor— and I didn’t even care.

The previous afternoon, when I was outside mowing the lawn, a high-clearance agricultural boom sprayer sped towards me from an adjoining field and sprayed me with a cloud of a toxic herbicide.

The subsequent conduct of the NYSDEC in the handling of their investigation of this incident and what appears to be inadequate oversight and control of licensed herbicide applicators are the issues on which I am requesting action.”

This was the beginning of the cover letter for evidence packets FedExed to the NYS Attorney General, the NYS Dept. of Health, a NYS Senator, a U.S. Senator, and the County Health Dept.

The evidence included: the NYSDEC’s incident report, a photo of the site where the incident occurred, NOAA’s local weather records for the afternoon of the incident, and comments on the quality of the NYSDEC report by an expert.

Both health departments and the U.S. senator declared they had “no jurisdiction.” The state senator and the Attorney General merely passed my complaint of the NYSDEC’s misconduct back to the NYSDEC for their review. The NYSDEC, in turn, dismissed my complaint without ever addressing the evidence. Their findings could be summarized in seven words: It was done right, and that’s that!

The following is from the same cover letter:

“I was finishing mowing my lawn on my rider mower when I noticed a self-propelled high-wheel boom sprayer moving rapidly in my direction from the north. It turned at a right angle to move quickly across the northern boundary of my lawn less than thirty feet away, and I was engulfed in a strong smelling cloud of what I later found out was Roundup. I was unable to escape because after sitting on the mower for an hour-and-a-half, at my age and condition, it takes five to ten seconds just to stand up straight.

It was a windy day. My weather station showed winds of 20 mph and the grass clippings were really flying.

I went inside and washed, but there was nothing I could do about the herbicide I had breathed in or gotten up my nose.

I was in bed for 24 hours, and it was many days before I seemingly recovered.

The NYSDEC did not follow even the basic guidelines for an investigation, and never explored the reasons for the event or tried to identify the immediate and underlying causes. Instead of collecting the facts they noted only that the driver/applicator “disputed the wind speed.” The local NOAA weather records show wind speeds of 13 – 16 mph that afternoon, with gusts up to 23 mph — confirming my statement.

It is impossible that anyone could spray under the conditions that existed that afternoon and be unaware of the wind. I also do not find it believable that Helena Chemical would not monitor wind and weather conditions and so be unaware of those conditions when they applied herbicides.

While I do not have any definitive documentation for my claims of the boom sprayer’s speed, the NYSDEC report’s evidence is indicative. “Overspray of herbicide was found on the south and east edge of the property” that was caused by herbicide applied against a NW wind. The distance that the boom must have been swung into my yard to cause that to happen is another indication of the lack of care and control with which the herbicide was applied.

The most glaring omission in the report is the absence of any investigation into how the driver/applicator could have missed seeing me on a rider mower while traveling toward me for over a hundred yards at “12 mph” and sitting in an elevated position with a completely unobstructed view — a distance that would take 18 seconds to cover at that speed.

I was unable to get permission to use a photo of one of these large boom sprayers; however these are typical specifications: height 12 feet, length 28 feet, width without boom 12 feet, and with boom extended 90-120 feet. Weight 35,000 lbs. Spray tank size 1000-1600 gallons. Road speed with boom folded 30-40 mph. Spray application speed with boom unfolded up to 25 mph. The NYSDEC report called this high-clearance boom sprayer a “tractor.” This is a term and a usage I have never seen listed for these machines in any manufacturer’s literature.

In addition, I also found that many of my statements in the report were twisted and misrepresented in a way that could be used to discredit my testimony.

The NYSDEC report was reviewed by Gary Van Houten, a laboratory and field scientist with twelve years of inspection experience with the NYS DOH and The Cortland County Health department, where he held the title of Environmental Laboratory Consultant and Sanitarian, respectively. He noted the following:

“The first being an investigative report should be FACTUAL, not INTERPETIVE, as in “Expressed views that was politically active against farming.” The second was the use of an exclamation point at the end of “case closed” which to me is highly unprofessional, and may be presenting a bias.”

“I also question (with ignorance on my part) if Jeffery K****** has the authority to close the case, and was it done with the approval of his supervisor?”

Large self-propelled sprayers can cover a 30 acre field in a matter of minutes, arriving unannounced and departing without the knowledge of those affected by the herbicide drift.

In recounting my poisoning incident to others, I found that incidents of herbicide drift and its effects were not uncommon in the community. While one resident mentioned seeing herbicide drifting onto clothes hung out to dry, another was unaware that herbicide had been sprayed and made no connection to the nausea and other symptoms he experienced until later. Some spoke of the high rate of cancer in their family.

Every new report about Roundup seems to reveal another health risk. This herbicide is routinely sprayed on many thousands of acres around and among the residences of our rural families and their children, and from my and other’s experiences, without regard for our safety.

NYSDEC is directly responsible for issuing herbicide application permits and for the oversight of their proper use. Their professional and ethical conduct is essential to the health and well-being of the rural community.

Any investigation should include a check of Helena Chemicals’ records of herbicide applications against the local weather records to establish how often Roundup and other herbicides have been sprayed in dangerously windy conditions.

In addition, were there any changes of policy or personnel made within Helena Chemical at the time of my herbicide poisoning and complaint that would indicate knowledge of wrongdoing and an attempt to cover up, and did the NYSDEC had any involvement in these changes?

The NYSDEC has sometimes been pejoratively referred to by rural residents as the “Department of Environmental Corruption” — isn’t it time we changed that?”

Deadly Drift – Part 2

In forwarding the review of the NYDEC’s investigation from their Regional Director; the state senator noted “the Department’s response was not what you hoped for”

This is what I wrote back:

“I was hoping for a more forthright response from the NYSDEC.

Mr. M**** must be so used to steamrollering over complainants that he has taken no pains to actually support his opinions. His letter does not properly address the facts of the complaint or reveal any convincing evidence for his conclusions — it merely seeks to discredit my claims and the credibility of the incident.

He is dismissive of the wind speed data I supplied, and contends without basis that I want “stronger laws.” I still believe that a proper oversight and enforcement of the current laws is all that is needed as both a remedy and a deterrent. He further states: “the complaint about the DEC’s investigation can only be answered from the perspective of the current laws and regulations. In this regard, Part 6 of the New York Code Rules and Regulations section 325 et seq. provides the requirements for the use and application of pesticides. These include the following:

1. Pesticides should only be used under such conditions that wind and other conditions prevent contamination to people, property, and wildlife, water, etc.
2. Pesticides are to be used in accordance with the manufacturer’s label.
3. The pesticide applicator must have received training, passed examination and be currently certified.”

While Mr. M**** uses the above rules and regulations as an argument that the decision “not to commence enforcement was proper,” the findings of every authoritative source I have researched corroborates the need for enforcement measures in this case on the basis of these same rules and regulations:

University of Minnesota Extension – When is it too Windy to Spray?

• “Always measure wind speed and direction before, during, and after the application. Always follow label information, but in general, wind speeds of 3 to 7 mph are preferable. Spray at low wind velocities (less than 10 mph).”

Perdue University Extension – Reducing Spray Drift from Glyphosate and Growth Regulator

• “Spray when the wind speeds are less than 10 MPH. Some labels, such as Banvel® provide a specific wind speed (15 MPH).”
• “Spray when the wind direction is away from sensitive areas”

Montana State University Extension – Avoiding Pesticide Drift

• “Spray when the wind speed is 10 mph wind or less.”

Michigan State University Extension

• “Professional pesticide applicators carry windspeed gauges to determine if windspeed are within acceptable limits There is no magic number for windspeed though ten miles per hour is a common rule of thumb as a limit for spraying.”
• “One the most important cautions on contact herbicide labels is avoid drift.”

University of Arkansas Division of Agriculture Research & Extension – Mitigating Pesticide Spray Drift

• “Most labels recommend not applying pesticides when wind is gusty or speed is greater than 10 mph. It is recommended for applicators to regularly and accurately measure wind speed to ensure proper spray deposition.”

Iowa State University Extension – Wind Speed and Herbicide Application

• “The labels for Group 4 herbicides approved with the new herbicide-resistant crops specify not to apply when wind speeds exceed 15 MPH. Other labels (e.g. Laudis, Cobra, etc.) specify 10 MPH as the maximum wind speed for application. Spraying when winds exceed label restrictions is not only illegal, but can override steps taken to eliminate off-target movement (e.g. low-drift nozzles, low spray pressure, etc.).”

The National Weather Service recorded sustained wind speeds of 17 mph that afternoon, with gusts to 23 mph. This greatly exceeds the safety recommendations of every authoritative source I could find.

In addition, the repeated mention of professional pesticide applicators using wind speed gauges brings to light another aspect of this incident that needs investigation: If the applicator from Helena Chemical had a wind speed gauge, why was its presence never mentioned in the NYSDEC investigation or by the applicator himself?

Since Mr. M**** admits that the ‘requirements for use and application of pesticides’ also include the requirement that “Pesticides are to be used in accordance with the manufacturer’s label,” I submit the material below from the notice and enclosure of registration for Glyphosate 41%. [Italics and Bold format are added.]

U.S. ENVIRONMENTAL PROTECTION AGENCY

Office of Pesticide Programs Registration Division (7505P)

1200 Pennsylvania Ave., N.W. Washington, D.C. 20460

EPA Reg. Number: 91543-1

Date of Issuance: 6/21/16

NOTICE OF PESTICIDE: X Registration

Glyphosate 41%

DIRECTIONS FOR USE

It is a violation of Federal law to use this product in a manner inconsistent with its labeling.

“Do not apply this product in a way that will contact workers or other persons, either directly or through drift. Only protected handlers may be in the area during application. For any requirements specific to your State or Tribe, consult the agency responsible for pesticide regulations.”

“Wind – Drift potential is lowest between wind speeds of 2-10 mph.”

“Sensitive Areas – The pesticide must only be applied when the potential for drift to adjacent sensitive areas (e.g. residential areas, bodies of water, known habitat for threatened or endangered species, non-target crops) is minimal (e.g. when wind is blowing away from the sensitive areas).”

Along with dismissing most of my complaint through flat statements and unsubstantiated arguments, Mr. M**** ignores much of the supporting evidence:

• He fails to mention that my first complaint was to Helena Chemical on the afternoon of the herbicide application, June 3, 2017. Immediately after being sprayed, I went inside the house, cleaned up, and called the renting farmer [Jeff C***], who gave me the number for the Helena Chemical manager. The manager expressed no apology, but merely told me I should get cleaned up. If Mr. M**** was unable to find a record of that complaint in his investigations of the incident, I’m sure that Jeff C*** [and the phone records] will corroborate it.
• He never explains how the applicator, with an unobstructed view for the entire length of the field, missed seeing me on a rider mower in my own backyard.
• Mr. M**** provided no response to the findings of a well-qualified inspector regarding the quality of the original investigation. This expert is willing to appear and defend his statements.
• My becoming “violently ill” as a result of that application of herbicide is definitely a fact I won’t forget. [Mr. M****’s discounts my first-hand testimony, “Mr. Baird contends,” while he unquestioningly accepts the testimony of the investigator and the herbicide applicator.] Mine is not an isolated case of herbicide drift — the people mentioned in my letter have all agreed to testify, and may have called your office already.
• The constant rains of 2017 greatly reduced the windows of opportunity for herbicide application that spring, and thereby delayed the planting of crops. Did the pressure of farmers and contractual obligations lead Helena Chemical to spray recklessly, and in an unlawful manner? Comparing Helena Chemical’s records of application against the local weather records would reveal the extent of the community’s exposure to these toxic and deadly chemicals. Mr. M**** never even mentions this important step in fulfilling the NYSDEC’s stewardship and their mandate to protect the health and well-being of the rural community.

Mr. M**** also states that the herbicide was “applied on the farm adjacent to his [my] residence,” and the Environmental Conservation Police visited “the farm where the pesticide was applied.” This is incorrect. The herbicide was applied on my land, land that I owned and [as I’ve come to regret] rented out for agricultural use.

What do I think of the results of Mr. M****’s investigation? Viewed as dismissive stonewalling, it makes me angry — but as an indictment of the NYSDEC’s self-investigation of misconduct, their do-nothing oversight of licensed pesticide applicators, and their lack of concern for rural residents, it’s a powerful piece of circumstantial evidence.”

I tried to explore all avenues of remediation, and follow all the proper protocols, so that nothing could “fall through the cracks.”

An email detailing this situation [including the evidence] that was sent to the Federal DEC did not even get an acknowledgement.

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The reality of Cornithaca’s “Ag Ghetto” make the satires of Part 1 seem like nothing more than an extrapolation; a projection of the future.

I tried to explore all avenues of remediation, and follow all the proper protocols, so that nothing could “fall through the cracks,” but it doesn’t matter.

The Law doesn’t matter.

The rural drug addiction doesn’t matter.

The poverty and lack of education doesn’t matter.

The health of the rural community doesn’t matter.

You have seen a lot of stories recently about injustice to Blacks; but none about the continuing injustice in our rural communities: We don’t matter.

The fight for rural social justice is like throwing a stone into the abyss — In rural New York; No one can hear you scream.