John Kitzhaber, Governor

Case Number: 130480 Case Name: COLLIER ARBOR CARE INC/XERCES SOCIETY

Case Closed

Overview
Investigator Isaak Stapleton Case Reviewer Michael Babbitt Date Started 06/17/2013 ROL Sent? Referral to Another Agency? Number of Samples Taken 11 Number of Samples Analyzed 11 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 11/19/2013 Date ROL Sent 06/26/2013 Date of Referral List Test(s) Requested Dinotefuran Manager

Type of Investigation NUF Suspected Violation? Yes No

Date Reviewed 11/21/2013 Date Case Completed Sixty Days 08/16/2013 One Hundred Twenty Days 10/15/2013

Related Cases ARI 130445, NUF 140006, NUF 140010

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

Nature

Sunny Jones

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Parties Involved
Parties Involved Property Management Company Last / Business Name Address City Elliott Associates 901 NE Glisan St Portland, LANDGRAPHICS INC 9005 SE ST HELENS ST CLACKAMAS Complainant The Xerces Society 628 Northeast Broadway, Suite 200 Portland Operator COLLIER ARBOR CARE INC 11814 SE JENNIFER ST CLACKAMAS Applicator RINAULT 1238 MARCEL DR WOODBURN Applicator MCMULLEN 530 SW 139TH AVE BEAVERTON Interested party Target- Argyle Square 25925 SW Heather PL Wilsonville Neighbor Ellingson OR Ralph 503-638-5696 cell: 971-998-6606 Interested party Collier Janet 503-209-6537 Interested party Collier Terril 503-209-5696 Interested party City of Willsonville 866-252-3614 Kerry Ruppold 503-570-1570 97070 503-682-7781 Contact: Aaron Meisenburg email aaron.meisenberg@target.com OR 97006 503-646-8417 OR MARK 97071 503-722-7267 AG-L0120847CPA OR SEAN 97015 OR 97232 503-232-6639 Contacts: Rich Hatfield cell 503-468-8405 or Scott Black AG-L0000757CPO 503-722-7267 AG-L1018743CPA CPO 12/31/2013 Multnomah TOIF, TOH CPA 12/31/2013 Marion TOIF, TOH CPA 12/31/2013 Multnomah TOIF, TOH OR 97015 503-650-0590 OR 97232 503-224-6791 Point of Contact: leann Johnston Landscape Contractor AG-L0000992CPO CPO 12/31/2013 Clackamas Adam Flint 503-650-0590 TOIF, TOH First State Zip License # Phone License Type Expiration Date County

Category

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Parties Involved
Parties Involved Interested party Last / Business Name Address City Barlean First State Jim 503-659-9718 local beekeeper Zip License # Phone License Type Expiration Date County

Category

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Application Information
Date of Application 6/15/2013 Application Note Category ORN-Insect/Fungi Location of Application Argyle Square-Target Store Parking Lot 25925 SW Heather Place Wilsonville, OR 97070 Specific Site/Crop Ornamental trees and shrubs Linden trees, Viburnum davidii, Oregon grape, kinnikinnick, rhododendrons, twiggy dogwoods in parking islands only, and rhododendrons across the front of the building. Rate of Application (mixing rate, diluent, rate per area, etc) Foliar broadcast application 6oz / 100gal soil drench application 1/3oz / inch of DBH applied in 4 gal of water to root zone Purpose Root weevil and aphid control Method of Application Foliar and drench Pesticides Involved Type Manufacturer Trade Name EPA Reg. No. Active Ingredients Start Time 0625 End Time 0745 Time of Day

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Pesticides Involved Type Insecticide Manufacturer Valent Trade Name Safari EPA Reg. No. 86203-11-59639 Active Ingredients Dinotefuran

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Narrative

On Monday, June 17, 2013 I, Isaak Stapleton, Oregon Department of Agriculture District Investigator, received a call from Arney Gray with the City of Wilsonville. He was calling to pass along concerns he had received from the public concerning large amounts of dead bumble bees in the Target store parking lot located at 25925 SW Heather Place, Wilsonville, OR. He was not aware of any pesticide application or other possible causes. I indicated that we would look into the concern. Later the same day Dale Mitchell, Pesticide Program Manager, received a phone message from Rich Hatfield an endangered species conservation biologist with the Xerces Society regarding concerns about large numbers of bumble bees that were dead in the same Target parking lot located in Wilsonville, OR. I returned Hatfield's call and he explained to me that he was observing thousands of dead bumble bees at the base of 20 to 30 Tilia trees that were planted in the parking lot of the Target store in Wilsonville. He estimated it to be tens of thousands of bumble bees and numerous native bumble bee colonies that were being affected. He was not aware of any pesticide applications but noted that the Xerces Society started to receive calls Saturday June 15, 2013 with reports of dead bumble bees at that site. He also speculated that it could potentially be a toxic response to the nectar of the Tilia, he had heard of research done that may indicate that as a possibility. I made arrangements to meet him at the site the following morning at 0900. On June 18, 2013 I met with Hatfield at the Target in Wilsonville. He had already spoken with staff at the Target store and they were expecting to meet with me while I was onsite. Hatfield and I took a brief walk around the east side of the parking lot and he noted that there was not the same quantity of dead bumble bees on the ground that there was the day before and speculated that either someone cleaned them up or perhaps birds had fed on the bumble bees. He showed me pictures he had taken the previous day and they did appear to show larger numbers of bumble bees on the ground. The dead bumble bees appeared to be only associated with the Tilia trees and no other trees or shrubs in the parking lot. The Tilia trees were the only blooming trees in the parking lot. The Tilia trees were in two areas; the front (north side) of the store had two rows of trees running the length of the parking lot and on the east side of the store there was a smaller lot that also had several Tilia trees. While speaking to Hatfield, I noticed several bumble bees foraging on the Tilia trees. Some bumble bees were on the ground unable to fly and walking in tight circles, others were on their back slowly moving their legs, others were stationary and shaking, and others were dead on the ground and on the blooms. I informed Hatfield that I would be taking environmental samples of the bumble bees as well as the foliage of the Tilia trees.

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We went inside the Target store to speak with the manager on duty. I spoke with Aaron Meisenburg, Target Facilities Manager. He said that they first started to notice the bumble bees dying on Saturday morning and had multiple customers coming into the store with varying levels of concern. I asked Meisenburg if they had contracted with anyone to make an application to the landscape to which he replied no. He said that the property management company Elliott Associates handles that type of work. I asked if they had cleaned up or removed any of the dead bumble bees. Meisenburg said that they had swept up some of them and that they do have a street sweeper that comes every couple of days to sweep the parking lot. He was unsure as to what day they come, but commented that they usually leave a notice on the door that they were there; he had not seen one that day. I obtained Meisenburg's contact information and was told that if I needed anything in the future to contact him by email, or call the store and ask for any of the Leaders on duty and they would be able to assist. I went back out to the parking lot to take samples. Given that some of the bumble bees had been cleaned up either by a street sweeper or Target employees I wanted to confirm the amount of dead bumble bee present would be a sufficient sample size. I contacted Mike Odenthal, Lead Pesticide Investigator, to get confirmation of the correct sample size of bumble bees. He was traveling with Brent Nicolas, Bend area Pesticide Investigator, who had experience sampling honey bees. Brent indicated that as part of a separate investigation he had done in the past he collected two one-gallon zip lock bags of honey bees as a sample size. He also commented that if the bumble bees have been dead for some time they would be desiccated and weight less and therefore I would need to increase the number of bumble bees in my sample size to get the same weight as live or dying bumble bees. I took composite samples of the bumble bees as well as the Tilia trees. All samples were taken wearing clean alcohol-rinsed nitrile gloves. The composite samples of the trees were taken from the main parking area and not from the smaller parking area to the east of the store. There was landscape construction being done in that area and the trees I could access had been limbed up higher than the others making it difficult to reach any foliage without a ladder. I cut branch tips that were approximately 8 to 10 inches long that had both leaves and flowers using clean alcohol-rinsed pruning sheers. The sample of the bumble bees was taken from the entire area in order to get the maximum number of bumble bees for the sample. There was a mix of dead and dying bumble bees on the ground and I used a clean folded paper bag to sweep the bumble bees into piles and put them into a clean clear plastic bag. While I was sampling bumble bees that had been foraging on the trees were continuing to fall out of the trees unable to fly. Once I had collected the bulk of bumble bees that were on the ground, I called Cary Johnson at the Oregon Department of Agriculture's (ODA) Laboratory to confirm if the sample I had collected would be of sufficient size. I estimated the size to be approximately 2/3 of a pound. He indicated that he thought it would be sufficient depending on the number of compounds that would be tested for. I informed him that I did not have a known pesticide application at this point and could not say how many compounds there would be.
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After I had collected the samples, I walked other areas of the complex to see if there were dead bumble bees associated with any other plant material. I did not see any additional dead bumble bees in other areas. I did see a landscape crew from Landgraphics doing some landscape renovation work to the North East corner of the Target parking lot. I spoke to Eric Webber, one of the equipment operators. He said that his company was in charge of the landscape maintenance for the Argyle Square facility including the Target store landscape. Webber was not aware of any application that his company had made and mentioned that Meisenburg had approached him the day before and asked if he had heard what had happened, and implied that something had been sprayed. Webber indicated that he was concerned about any exposure he may be getting as he was actively working with the vegetation in the landscape and was being exposed to the dust as well. He said he had contacted the project coordinator for his company and asked if he should be concerned and if there was something sprayed but had not heard back. Webber gave me Adam Flint's name as the project coordinator for Landgraphics. Before leaving the site I called the main office for Landgraphics, Inc. and left a message for Flint inquiring about any application that they may have done or had contracted out. I also contacted Elliott Associates and spoke with Julie Muir, Property manager for the Argyle Square property which included the Target Store and parking lot. When I told her who I was and the reason for my call she said "the problem with the bumble bees had been taken care of." I told her that ODA was actively conducting a pesticide use investigation. Muir told me that she had been told by Target that the situation had been taken care of and was no longer an issue. I informed her that bumble bees were continuing to die and that the department was conducting an investigation into the incident. Muir was not aware of this and said that she had not had any further communication from Target. I asked if they had contracted to have the property sprayed or if she knew if Landgraphics had contracted the work. She said that she had contacted a pest control company to address the situation with the bumble bees but had not had anything done because Target said the situation was taken care of. She would not elaborate on what type of service she had asked the pest control company to perform in regards to the bumblebees. She was unaware of any application at the site. I asked if Landgraphics would have contracted anyone to treat the trees to which she commented that they would not do that without notifying her first and she had not been informed of any applications. The samples were brought back to the ODA offices in Salem and secured in the locked sample freezer until I would be able to identify a potential compound to test for.

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Narrative

When I returned to the office I had a message on my phone from Flint, project coordinator for Landgraphics, letting me know that they had contracted Collier Arbor Care to treat the property for aphids and that Chris Ritschard, opperations manager for Collier Arbor Care, would be contacting me. The next message on my phone was from Ritschard letting me know that they had treated the site at 0625 to 0745 on June 15, 2013, with Safari insecticide, to control aphids on the Tilia, Viburnum, Oregon Grape, kinnikinnick, rhododendrons, and twiggy dogwoods. I tried to reach Ritschard at his office and was told he was out and the best way to reach him was by email. I sent him an email requesting the application record and a copy of the product label used. On June 19, 2013 I delivered the samples to the ODA lab in Portland OR. While in Portland, I was contacted by Dale Mitchell, Pesticide Program Manager, and notified that the ODA Plant Division was putting together a recovery effort in order to mitigate any further damage to local pollinator populations and asked that I meet them at the site at 1400 hours. The recovery effort was not a part of the pesticide use investigation and my participation was to provide my experience with ornamentals and cultural practices in relation to landscape trees. I was asked to contact Elliott Associates and Landgraphics to offer an invitation to participate in the efforts and to contact the Target store to get any assistance in potentially clearing parking spaces directly under the trees for access. When I contacted Muir with Elliott Associates I was told that all communication regarding the Argyle Square Target was being handled by Leann Johnston. Johnston said that they would leave the participation up to Landgraphics stating that they are the experts in that area. I spoke to Flint and extended the invitation to participate to which he replied he felt that Collier should be involved and would only be involved if Collier was included. I informed him that we were not currently releasing the identity of the company who made the application due to the on going investigation and there would be several outside parties involved in the conversation. I traveled to the site, when I arrived Hatfield and Mace Vaughan with the Xerces Society were on site speaking with several news outlets. A short time later Dan Hilburn, director of the ODA Plant Program arrived with other ODA staff with the intent to remove flowers from the trees. He quickly realized that it was not feasible to remove all the blooms as there were flowers from the tips of the branches all the way to the trunks of the trees. The staff was gathered for a brainstorming session. Various options were discussed, from cutting the trees down, limbing the trees back, covering the trees with plastic or netting, using a repellant to deter foraging, use of plant growth regulators to drop flowers or other products to defoliate the trees. No one idea was settled on and a conference call was set up for the following day at 1100. I called the local representative for Valent, Drew Hunter, and got an out of office voicemail that instructed me to contact Heith Lowry for assistance. I contacted Lowry, who had already been contacted by Collier and said he would get me in contact with Todd Mayhew, a product specialist and entomologist for Valent. I received an email from Collier containing a scanned copy of their records for the application and of the product label they used.

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Narrative

On June 20, 2013 I called Ritschard to get more information about the application record that was sent to me. He told me that they use a JD9 spray gun on the trucks and that they typically run at 100 to 200 psi and are able to get good coverage on larger trees. I asked if the application was all done as a foliar application and he said that a few trees were treated systemically because cars were parked in the way. I asked him to provide me with the square footage of area that was treated. He also commented that they have been doing this application for the past five years and never had an issue. I asked him to check his records and find out if the same product had been used and what the timing was. I asked who chose the product to apply, to which he replied that the applicators choose what they will use based on the site conditions and pest population. He said that all applicators review the product labels in the spring and are familiar with the labels. He was surprised when he found out that they had chosen to use Safari saying that they would have normally used an insecticidal soap and oil which they had mixed in a tank on the truck. He said that he was also told by the applicators that there were no bumble bees present at the time of application so they had no idea that bumble bees were foraging on the trees. I had a voicemail from Mayhew, a Valent representative, notifying me that he would like to participate in the phone conference and would be arriving in Portland at 1000 from Salt Lake City. I was able to speak with Mayhew before his flight left and gave him a brief description of the situation and set a time to meet at the site after the conference call. At 1100 hours there was a conference call to discuss the recovery effort. On that call were representatives from the City of Wilsonville, Xerces Society, Oregon State University (an entomologist), Valent, and ODA (staff from the Plant and Pesticide Programs). In that conversation the City of Wilsonville raised concerns about a water retention pond that collects runoff from the Target parking lot. They were concerned due to the environmental hazard statements on the label regarding hazards to aquatic organisms and the water solubility of the product. They wanted to know if we had sampled the retention pond and if they should be contacting the Department of Environmental Quality because of the discharge permit they had. It was determined that I would revisit the site to take water samples that same day. It was decided to look further into covering the trees and all parties involved discussed funding options for that to occur. Odenthal and I went to the site and located the retention pond on the west side of the Target building. Odenthal was along to assist in sampling if needed. Once we identified the pond we located an access point on the north end where two grated pipes entered the pond and allowed for easy sampling with an extendable pole with a glass jar secured to the end. The sample was taken wearing clean alcohol-rinsed nitrile gloves and the water was sampled by filling a smaller glass jar secured to the end of a pole and pouring it into a larger one-gallon glass jar. The gallon sized jar was filled to the top leaving no space for air, and capped securely.

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Narrative

Mayhew, a Valent representative, was at the site. Odenthal and I met with him and discussed the properties of Safari. We asked if they had data on longevity of the active ingredient in the product, dinotefuran. He said that they had studies that went out a few days but noted that it has been reported to give much longer control in field studies. He said that he is willing to provide us with any information that we may require. He also suggested that once we had a known amount present in the foliage we should be able to calculate back to an application rate. I took the water sample directly to the lab for analysis. On June 24, 2013 Paul Khokhar and I went to the main offices of Collier Arbor Care and interviewed the two applicators who made the application at the Argyle Square Target store, Sean Rinault and Mark McMullen. Also in the room was Janet Collier who was later joined by Terril Collier toward the end of the interview. Janet and Terril are the owners of Collier Arbor care. The focus of the interview was to determine the applicators' understanding of the product and the label, the type of application equipment used and its calibration, the decision making process leading to the use of Safari, and the application process. The interview was recorded using a digital voice recorder. Both McMullen's and Rinault's experience level with Safari comes from their limited use of the product over the past three years, with its use increasing this year. It has typically been used as a spot treatment for lace bugs mainly on rhododendrons and azaleas. It has been used as the initial application with subsequent followup applications being done with organic products. Both applicators were familiar with the product label and do an annual review of the product labels they use every spring. However, they do not generally review the product label before each use unless they are aware of a label change. They were also familiar with the chemical family of neonicotinoids but were limited in their knowledge in regards to recent increased concerns about effects to pollinators. The equipment used for the foliar application was truck number 21, equipped with three individual tanks, two that hold 220 gallons and one that holds 165 gallons of liquid. They usually spray at 175 psi and indicated that they were able to reach the tops of the trees with that gun type and pressure. There was also a drench application done to 9 trees on the site. McMullen provided a map with the trees that were treated with a drench circled. The drench was done by first using a shovel to create a trench around the base of the tree then measuring the diameter at breast height (DBH) of the tree trunk in order to calculate the rate of application. The rate used was 1/3 oz / 1" DBH in a volume of 4 gallons of water and poured around the base of the tree using a fivegallon bucket. An application record was not created for the drench application.

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Narrative

Each applicator has his/her own dedicated truck assigned to him. The day of the application they were in Rinault's truck. Rinault indicated that he does weekly calibration based on the size of the area he is treating and the known volume it should take for the job. Many of the properties he treats are repeat treatments so he judges what was used the previous time compared to current application and makes adjustments accordingly. He estimated the volume applied at 175 psi and his current spray gun setup is around 1.5 to 2 gallons per minute (gpm). He does not do any timed bucket tests to directly measure actual gpm. The original work order was a targeted insecticide treatment for root weevils on a variety of shrubs around the perimeter and islands in the parking lot. While onsite the applicators noticed the presence of aphids on the Tilia trees and made the decision to treat them. They had treated the site in years past for aphids on the Tilia trees so they did not question whether to treat the aphids. At the time Safari was the best product that they had on the truck and to keep things simple they chose to use Safari. They did have a tank mixed with an insecticidal soap and oil but that product was dedicated for the next job so it was not used. No adjuvants were mixed into the Safari application. The weather when they arrived on site was calm with temperatures in the low to mid 50s. Rinault was the primary applicator for the foliar application and McMullen made the drench application. McMullen pulled the hose for Rinault while he sprayed. They started their application on the west side on the parking lot treating the ornamentals in the landscape bed next to the Target building and continuing on to the parking lot on the east side of the building and moving in a circular pattern back to the west end of the main parking lot. They treated all the Tilia trees first then moved onto treating the smaller shrubs. The application volume was lighter than normal because Rinault wanted to make sure he had enough to treat both the trees and the shrubs. Rinault indicated that the spray to the trees was light enough that there was no run-off from the leaves. They felt that by the time they left the site the spray had dried on all foliage. When asked if there was anyone in the parking lot while they made the application, Rinault said there was one person in the west end of the parking lot with his dog and he was asked to move before they started the application. When asked about the stage of flowers on the trees Rinault said he believed them to be post bloom because he was "going by sent" and could not smell any and did not see any pollinator activity. Both applicators expressed that they were unaware of the attractiveness of the Tilia trees to pollinators. Rinault commented that in retrospect he should have known that Tilia trees were attractive to pollinators and noticed he could hear the hum from a Tilia tree in his neighborhood over the weekend. Terril Collier determines all of the treatment options and programs. He stated that he had removed Safari from all programs and it will no longer be used in any of their treatment programs as a result of the incident at the Wilsonville Target store. I asked how Terril had learned about Safari and if he had worked with a represntatiove from Valent or a consultant? He indicated that he had learned of the product by attending seminars that had introduced the product and also talked to chemical reps that he works with from Nursery Connection, to see how it would fit into a pest control program.
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On June 26, 2013 I met with Jim Barnlean, a local professional beekeeper who had an apiary less than a mile NE of the Target store where the Tilia trees were treated. He had sent an email to Vaughan (Xerces Society) who forwarded it to the ODA. The apiary consisted of ten hives. He had inspected the hives at that apiary the weekend before the application at Target and noted that all were very strong and producing honey. After he was informed of the application he went back to inspect the hives and found that several of the hives had reduced populations compared to the last inspection. He said that he had treated the hives with Apivar early in the spring and also formic acid. I asked what his current varroa mite populations were or if there were other disease problems. He suggested that we do a quick inspection and mite count. He got a mason jar and put a few tablespoons of powdered sugar in and then brushed around 100 bumble bees into the jar and sealed it with a screened lid. He then shook the bumble bees and then turned the jar upside down and shook out the powdered sugar and any mites that may have been on the bumble bees. We did not detect any mites from this test. He said he actively monitors his mite population and believes that they are the major cause of colony collapse disorder among bumble bees. I provided him with several copies of the report of loss form to file regarding his loss of bumble bees and also asked him send me a written statement of his observations before the known application at Target and post application. I went back to the offices of Collier Arbor Care to secure a product label from the actual product container of Safari used by Collier. There had been some confusion as to the EPA number on the product actually used by the applicators. The copy of the label provided by Ritschard had an older registration number on it. I also took a look at how the product was stored. It was kept in their warehouse that is heated to above freezing in the winter and is not air conditioned in the summer. I also spoke with Janet Collier about a request for previous applications they had made to the Tilia trees at the Argyle Square Target store. She said that she had emailed me copies of those records and also of the invoice for the purchase of the Safari from Nursery Connection, Hubbard, Oregon. The records showed applications of Safari to the Tilia trees on 7/20/11 and 6/30/12. Date 7/20/11 type foliar plant material Linden trees Product applied M-Pede @1gal/100gal, Floramite @6oz/100gal, and Avitrol @16oz/100gal Safari @12oz/backpack Safari @6oz/100gal Safari @15oz/gal/10" DBH

7/20/11 6/30/12 6/30/12

trunk spray Linden trees foliar Linden trees trunk spray Linden trees

On July 15, 2013 I was forwarded an email from Mitchell with an attachment from Valent. The attachment was of the FIFRA 6(a)(2) quarterly summary report. On July 25, 2013 I tried to contact Ralph Ellingson who owns the clover field to the south of the Target store to find out if he had applied any products to his clover. I left him a message on his cell phone.
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On July 31, 2013 I spoke with Ellingson about his clover field just to the south of the Target store. He has Wilco make all of his applications to that field, but has not had any insecticides applied this year and no desiccants were used either. The last application he had done was an herbicide application that was done last fall and early spring. He could not remember what the products were that were used. The field was planted into crimson clover last year and before that had been planted in Kinland clover. He also said that in the past they had put out boxes for bumble bumble bees to nest in. He does not have any out there now. On August 29, 2013 I called Leann Johnston of Elliott Associates to inquire if they had ever contracted any other company that would have made a pesticide application to the site. She indicated that they had only used Landgraphics for the landscape maintenance but had hired a company to clean the retention pond and bioswale. I contacted Adam Flint of Landgraphics to ask if they had themselves applied any other products to the site or contracted any other applicators to treat the site. He indicated that they had only used Collier at that site and Landgraphics had never made any applications to the site. On September 4, 2013 I spoke with Janet Collier and gave her a brief update on the status of the investigation and informed her that I may have additional questions for the applicators in future. She said that would be fine and that they are both still with the company. She also commented that they are just trying to put this incident behind them and move on. Sampling Plan All samples were taken wearing clean alcohol rinsed nitrile gloves. I chose to take a composite sample of the dead bumble bees under or near the Tilia trees in the landscape and parking lot islands. In order to make the sampling process more efficient, I used a clean brown paper bag that was folded to brush the bumble bees that were on the asphalt in to small piles. Those small piles were then swept into a clean clear plastic bag. The foliage samples were a composite sample of the Tilia trees in the parking lot. The samples consisted of stems, leaves, and flowers. I used clean alcohol rinsed sheers to cut branch tips that were approximately 8" to 10" in length. The samples were placed in a clean brown paper bag and sealed in a clean clear plastic bag. The water sample was taken from the storm water run off pond located on the west side of the Target store building. I used an extendable pole with a clean glass jar secured to the end to reach out into the water and used that small jar to fill a larger clean glass jar for a larger total sample. The jar was filled to the top to allow for nor air space. Additional samples were taken of leaves and flowers individually of four separate trees. Two trees that had been treated with a foliar application were sampled and two trees that had been treated with a drench were also sampled for a total of 8 additional samples.
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Sample # 130480-1 130480-2 130480-3 130480-4 130480-5 130480-6 130480-7 130480-8 130480-9 130480-10 130480-11 Sample results

Date sampled 6/18/13 6/18/13 6/20/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13 7/1/13

Sample Type Bumble bees Tilia foliage Storm water flower sample leaf sample flower sample leaf sample flower sample leaf sample flower sample leaf sample

Sample site Treated trees Treated trees Treated trees foliar treated foliar treated foliar treated foliar treated drench tree drench tree drench tree drench tree

Treatment Composite Composite NA tree tree tree tree foliar foliar foliar foliar

drench drench drench drench

June 21, 2013 - Laboratory Services issued the following sample results: Lab method - Quecher's Sample # 130480-1 130480-2 130480-3 Analysis Dinotefuran Dinotefuran Dinotefuran Results 0.45 ppm 2.2 ppm <0.010 ppm MDL* 0.040 ppm 0.010 ppm 0.010 ppm Type Bumble bees Tilia foliage Water

Lab method -Enhanced Sample # 130480-1 130480-2 130480-3 130480-4 130480-5 130480-6 130480-7 130480-8 130480-9 130480-10 130480-11 Analysis Dinotefuran Dinotefuran Dinotefuran Dinotefuran Dinotefuran Dinotefuran Dinotefuran Dinotefuran Dinotefuran Dinotefuran Dinotefuran Results 0.93 ppm 2.9 ppm NA 7.4 ppm 5.4 ppm 11.0 ppm 3.8 ppm 0.12 ppm 0.39 ppm 0.012 ppm 0.97 ppm MDL* 0.004 ppm 0.004 ppm 0.004 ppm 0.004 ppm 0.004 ppm 0.004 ppm 0.004 ppm 0.004 ppm 0.004 ppm 0.004 ppm 0.004 ppm Type Bumble bees Tilia foliage Water Tilia flower Tilia foliage Tilia flower Tilia foliage Tilia flower Tilia foliage Tilia flower Tilia foliage

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*MDL = Minimum detection level Label review Environmental Hazards "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." Application Information Safari 20 SG Insecticide can be applied as a foliar spray, a broadcast spray, a soil drench, soil injection and via chemigation for insect control in ornamental plants in greenhouses, nurseries, outdoor landscapes and interior plantscapes. Safari 20 SG Insecticide is a systemic product and will be taken up by root systems and translocated upward throughout the plant. When applied as a foliar spray, the product offers translaminar and locally systemic control of foliar pests. When applied to the soil, Safari 20 SG Insecticide will be translocated more quickly in herbaceous plants than in woody shrubs and trees. Speed of Insect control will range from as little as one day for small herbaceous plants in containers, to several weeks in large trees growing in the landscape. Ornamental Plants Foliar and broadcast spray applications, in the column labeled Crop it lists Shrubs, bedding plants, and ornamental trees. License review Operator Collier Arbor Care License number AG-L0000757CPO Category TOIF,TOH TOIF,TOH Category Certification period TOIF,TOH 1/19/06 to 12/31/13

ApplicatorLicense number Sean J Rinault AG-L1018743CPA AG-L1015148PAL Mark C McMullen AG-L0120847CPA

Certification period 09/02/11 to 12/31/13 11/23/10 to 12/31/14 01/06/06 to 12/31/13

Licensing, Certification and Enforcement History Sean J Rinault: commercial pesticide applicator license, AG-L1018743CPA, issued September 7, 2011. Renault has attended 28 hours of recertification training since January 2011. One of the training courses covered Neonicitinoids and their long residual activity as well as their effects on bumble bees. The training Rinault attended included 12 hours of pesticide core training.

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Narrative

Mark C McMullen: commercial pesticide applicator license, AG-L0120847CPA, issued June 3, 1993. Renault has attended 61 hours of recertification training since January 2009. One of the training courses discussed Safari specifically and another covered Neonicotinoids and their long residual activity as well as their effects on bumble bees. The training McMullen attended included 40 hours of pesticide core training. According to OAR 603-057-0135 The core pesticide training session shall consist of a total of at least 4 units instruction on any one or more of the following topics: a. b. c. Principles of Integrated Pest Management Label Comprehension Calibration (math and equipment)

d. Laws (environmental, endangered species, ground water protection, worker protection standards (WPS), pesticide and pesticide container disposal e. Personal safety

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Conclusion

The Oregon Department of Agriculture investigated this bee mortality event, and concluded that Collier Arbor Care, Inc., Mark McMullen, and Sean Rinault violated Oregon's State Pesticide Control Act: Collier Investment Group, Inc. violated ORS 634.372(4), which states A person may not: Perform pesticide application activities in a faulty, careless or negligent manner. Collier and Mark C. McMullen were both responsible for all pesticide application activities performed by Mr. McMullen in his capacity as an agent or employee of Collier. Collier and Sean J. Rinault were both responsible for all pesticide application activities performed by Mr. Rinault in his capacity as an agent or employee of Collier. Collier Investment Group, Inc., under its previous name of Collier Arbor Care, Inc. and through its agents or employees Mark C. McMullen and Sean J. Rinault, performed a pesticide application activity in a faulty, careless or negligent manner by spraying a pesticide known to be hazardous to bees, onto flowering trees in bloom, on or about June 15, 2013. Collier did not exercise reasonable care in performing the application activities related to the pesticide, did not exercise the ordinary care of a prudent person in performing the application activities related to the pesticide, or did not correctly perform the application activities related to the pesticide, because Collier decided, without further inquiry, that blooms on linden trees would not attract bees and then sprayed the pesticide at such time that some of this insecticide was subsequently present on blooms being foraged by pollinators. Bumble bees and other vulnerable pollinators were expected on the blooming trees later the same morning. Specifically, Collier, through Mr. McMullen and Mr. Rinault, used a power sprayer to perform a foliar application of a pesticide product onto linden trees (Tilia sp.) at the Target retail parking lot at 25925 SW Heather Place, Wilsonville, Clackamas County, Oregon. The pesticide product was Safari 20 SG Insecticide, EPA Reg. No. 86203-11 -59639. At the time of the spray application the linden trees were in bloom and the weather was clear and sunny, with a temperature in the low 50s Fahrenheit, rising later that day to about 80 F. During the Safari 20 SG spray application, or later that morning, bumble bees began or resumed foraging the linden blossoms, and fell dead or dying onto the parking lot and grounds. Later on the same day, shoppers and/or other persons began reporting that the bumble bees were dying. Various parties reported that during the morning of the day of the spray application, when the Target store opened for business, they had observed the dead and dying bumble bees. ODAs subsequent analysis of the dead bees found dinotefuran, the active ingredient in Safari 20 SG, at levels in excess of that known to be fatal to bumble bees.

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Conclusion

For bees Safari 20 SG is a residually toxic pesticide. Its 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." Mr. McMullen and Mr. Rinault were licensed commercial pesticide applicators, and had passed tests showing their knowledge of the proper use of pesticides. They had also attended recertification classes, further reinforcing their pesticide knowledge. Collier benefited from this knowledge, as well as knowledge common to all regarding bees and blossoms in warm weather. Mr. Duval and Mr. McMullen, and through them Collier, knew that on a warm June day in Wilsonville, Oregon bees would be foraging on flowers, and would be exposed to any residually beetoxic pesticide applied to flowering trees currently in bloom. Mr. Duval and Mr. McMullen, and through them Collier, knew or should have known that later during the day of the application bees would be foraging the treated trees, that residue of Safari 20 SG would still be present and would harm bees and other pollinators. Applying an insecticide, labeled as residually bee-toxic, to flowering trees in bloom on a warm day in late spring in a climatic area such as Wilsonville, Oregon, is a faulty, careless or negligent pesticide application activity in violation of ORS 634.372(4). 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

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.

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Conclusion

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. Mark C. McMullen violated ORS 634.372(4), which states A person may not: Perform pesticide application activities in a faulty, careless or negligent manner. Mr. McMullen, as an agent or employee of Collier Investment Group, Inc., under its previous name of Collier Arbor Care, Inc., performed a pesticide application activity in a faulty, careless or negligent manner by spraying a pesticide known to be hazardous to bees, onto flowering trees in bloom, on or about June 15, 2013. Mr. McMullen did not exercise reasonable care in performing the application activities related to the pesticide, did not exercise the ordinary care of a prudent person in performing the application activities related to the pesticide, or did not correctly perform the application activities related to the pesticide, because he decided, without further inquiry, that blooms on linden trees would not attract bees and then sprayed the pesticide at such time that some of this insecticide was subsequently present on blooms being foraged by pollinators. Bumble bees and other vulnerable pollinators were expected on the blooming trees later the same morning.

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Conclusion

Specifically, Mr. McMullen used a power sprayer to perform a foliar application of a pesticide product onto linden trees (Tilia sp.) at the Target retail parking lot at 25925 SW Heather Place, Wilsonville, Clackamas County, Oregon. The pesticide product was Safari 20 SG Insecticide, EPA Reg. No. 86203-11-59639. At the time of the spray application the linden trees were in bloom and the weather was clear and sunny, with a temperature in the low 50s Fahrenheit, rising later that day to about 80 F. During the Safari 20 SG spray application, or later that morning, bumble bees began or resumed foraging the linden blossoms, and fell dead or dying onto the parking lot and grounds. Later on the same day, shoppers and/or other persons began reporting that the bumble bees were dying. Various parties reported that during the morning of the day of the spray application, when the Target store opened for business, they had observed the dead and dying bumble bees. ODAs subsequent analysis of the dead bees found dinotefuran, the active ingredient in Safari 20 SG, at levels in excess of that known to be fatal to bumble bees. For bees Safari 20 SG is a residually toxic pesticide. Its 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." Mr. McMullen was a licensed commercial pesticide applicator, and had passed tests showing his knowledge of the proper use of pesticides. He had also attended recertification classes, further reinforcing his pesticide knowledge. Mr. McMullen also held the knowledge common to all regarding bees and blossoms in warm weather. Mr. Duval knew that on a warm June day in Wilsonville, Oregon bees would be foraging on flowers, and would be exposed to any residually bee-toxic pesticide applied to flowering trees currently in bloom. Mr. Duval knew or should have known that later during the day of the application bees would be foraging the treated trees, that residue of Safari 20 SG would still be present and would harm bees and other pollinators. Applying an insecticide, labeled as residually bee-toxic, to flowering trees in bloom on a warm day in late spring in a climatic area such as Wilsonville, Oregon, is a faulty, careless or negligent pesticide application activity in violation of ORS 634.372(4).

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Conclusion

Sean J. Rinault violated ORS 634.372(4), which states A person may not: Perform pesticide application activities in a faulty, careless or negligent manner. Mr. Rinault, as an agent or employee of Collier Investment Group, Inc., under its previous name of Collier Arbor Care, Inc., performed a pesticide application activity in a faulty, careless or negligent manner by spraying a pesticide known to be hazardous to bees, onto flowering trees in bloom, on or about June 15, 2013. Mr. Rinault did not exercise reasonable care in performing the application activities related to the pesticide, did not exercise the ordinary care of a prudent person in performing the application activities related to the pesticide, or did not correctly perform the application activities related to the pesticide, because he decided, without further inquiry, that blooms on linden trees would not attract bees and then sprayed the pesticide at such time that some of this insecticide was subsequently present on blooms being foraged by pollinators. Bumble bees and other vulnerable pollinators were expected on the blooming trees later the same morning. Specifically, Mr. Rinault used a power sprayer to perform a foliar application of a pesticide product onto linden trees (Tilia sp.) at the Target retail parking lot at 25925 SW Heather Place, Wilsonville, Clackamas County, Oregon. The pesticide product was Safari 20 SG Insecticide, EPA Reg. No. 86203-11-59639. At the time of the spray application the linden trees were in bloom and the weather was clear and sunny, with a temperature in the low 50s Fahrenheit, rising later that day to about 80 F. During the Safari 20 SG spray application, or later that morning, bumble bees began or resumed foraging the linden blossoms, and fell dead or dying onto the parking lot and grounds. Later on the same day, shoppers and/or other persons began reporting that the bumble bees were dying. Various parties reported that during the morning of the day of the spray application, when the Target store opened for business, they had observed the dead and dying bumble bees. ODAs subsequent analysis of the dead bees found dinotefuran, the active ingredient in Safari 20 SG, at levels in excess of that known to be fatal to bumble bees. For bees Safari 20 SG is a residually toxic pesticide. Its 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." Mr. Rinault was a licensed commercial pesticide applicator, and had passed tests showing his knowledge of the proper use of pesticides. He had also attended recertification classes, further reinforcing his pesticide knowledge. Mr. Rinault also held the knowledge common to all regarding bees and blossoms in warm weather. Mr. Rinault knew that on a warm June day in Wilsonville, Oregon bees would be foraging on flowers, and would be exposed to any residually bee-toxic pesticide applied to flowering trees currently in bloom. Mr. Rinault knew or should have known that later during the day of the application bees would be foraging the treated trees, that residue of Safari 20 SG would still be present and would harm bees and other pollinators. Applying an insecticide, labeled as residually bee-toxic, to flowering trees in bloom on a warm day in late spring in a climatic area such as Wilsonville, Oregon, is a faulty, careless or negligent pesticide application activity in violation of ORS 634.372(4).
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Conclusion

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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.pdf Tab 04 - license, Mark C. McMullen, CPA Tab 05 - McMullen License History Tab 06 - licensing recertification history, McMullen Tab 07 - license, Sean J. Rinault, CPA Tab 08 - Rinault License History Tab 09 - licensing recertification history, Rinault Tab 10 - Applicator continuing education course descriptions Tab 11 - Prior applications records to site Tab 12 - Application Record with Label Tab 13 - Treated area map Tab 14 - Safari 20 SG label from Collier Tab 15 - Safari 20 SG label, ODA Tab 16 - Safari 20 SG supplemental label, ODA Tab 17 - EPA letter showing number change, Safari 20 SG Tab 18 - weather data, 6-15-2013 Tab 19 - All Correspondence Tab 20 - Notes Tab 21 - Notes June 20 Tab 22 - applicator interview notes Tab 23 - Applicator interview audio Tab 24 - Photos ODA June 18 and 20 Tab 25 - Video Tab 26 - Photos apiary Tab 27 - Commercial apiary location map Tab 28 - Photos Spray Truck Tab 29 - Sampling docs, analytical results 1-3 Tab 30 - Sampling docs, analytical results 4-11 Tab 31 - Sample results 1-2 dual analysis Tab 32 - Results table (analytical results) Tab 33 - bee taxonomy, neonicotinoid toxicity Tab 34 - Valent report to EPA, FIFRA 6(a)(2) Tab 35 - Enforcement Case Referral letter to EPA Tab 36 - EPA correspondence Tab 37 - NICP, NOV, Collier Tab 38 - NICP, McMullen Tab 39 - NICP, Rinault Tab 40 - Request for public record, Carr Tab 41 - requests for hearing, ODA's responses Type Misc. Misc. Misc. Misc. Misc. Misc. Misc. Misc. Misc. Misc. Records Records Maps Label Label Label Label Misc. Correspondence Case notes Case notes Case notes Misc. Photos Video Photos Maps Photos Misc. Misc. Misc. Misc. Misc. Misc. Correspondence Correspondence Enforcement Enforcement Enforcement Public record Enforcement

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Enforcement Summary
Name Collier Arbor Care, Inc. McMullen, Mark C. Rinault, Sean J. Collier Arbor Care, Inc. License Type CPO CPA CPA CPO Prohibition Violated 4 4 4 NONE Number of Actions 1 1 1 1 Action CP CP CP NONE (for violation of 634.372(5) see 140006) TOTAL Orig CP Amount $ $1,665.00 TOTAL Actual CP Amount $ Notice Issued 12/16/13 12/16/13 12/16/13 Notice Served 12/17/13 12/17/13 12/17/13 Orig CP Amount $ Hearing Reqsted Informal Held Final Order Issued Actual CP Amount $

$555.00 12/23/13 $555.00 12/23/13 $555.00 12/23/13

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Enforcement Notes

December 4, 2013: Janet Collier returned Babbitt's call, and they discussed times for a meeting regarding ODA's anticipated enforcement action. The possible times were narrowed to the afternoon of Dec 16 or the early morning of Dec 17. (In working toward this communication Babbitt also spoke with two representatives of F.A. Bartlett Tree Expert Company: Shannon, and Kayla, the office manager.) 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 10:43:45 AM Michael Babbitt Please note Mr. Carr's public record request. Thank you. To Sunny Jones

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