Southern California Pest Control Company Charged With Failing to Properly Ventilate Fumigated Buildings

33 violations of state law and regulations governing the use of methyl bromide and sulfuryl fluoride (better known by its trade name, Vikane

[ Another Pest Control Horror Story ]

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Subject:     Failing to Properly Ventilate Fumigated Buildings Can Kill
More Than "Pests"----

 Date:        Sat, 09 Dec 2000 13:04:02 -0500
From:        Stephen Tvedten <steve@getipm.com>
Organization:     Get Set Inc. (www.getipm.com)

To:     Paul Helliker <phelliker@cdpr.ca.gov>
          Director, State of California, Department of Pesticide Regulation 

Dear Mr. Helliker,  I thought you might like to read your own press release entitled: FOR IMMEDIATE RELEASE -  December 5, 2000 (00-31) -  HTTP://www.cdpr.ca.gov - Southern California Pest Control Company Charged With Failing to Properly Ventilate Fumigated Buildings.

SAN DIEGO - Criminal charges have been filed in Superior Court here against a Southern California pest control company, its owner and its manager for health and safety violations that occurred when they allegedly failed to properly ventilate fumigated buildings.

Country Fume, Inc., based in El Monte, owner Raymond de la Torre, and manager Epigmenio Lopez de la Torre were charged by the San Diego City Attorney with 33 violations of state law and regulations governing the use of methyl bromide and sulfuryl fluoride (better known by its trade name, Vikane). These pesticides are used to fumigate buildings infested with termites and other wood-destroying pests.

Other counts involve consumer fraud for allegedly charging some customers for whole-house fumigation treatments and then not applying any fumigating gas to the homes.

"Although the violations in this complaint occurred in San Diego County, this company acted as a fumigation subcontractor in several Southern California counties, including Los Angeles, Orange, Riverside and San Bernardino," said Paul Helliker, Director of the California Department of Pesticide Regulation (DPR).  "We have no reason to believe that the company's illegal and potentially hazardous business practices were confined to one county."

The lead investigative agency is the San Diego County Department of Agriculture, Weights and Measures, which regulates pesticide use in the county in both agricultural and structural settings. Also involved in the investigation are the State Structural Pest Control Board, which licenses businesses that perform structural pest control, and DPR, which regulates the use of pesticides by these licensees.

State and local officials suggested that persons whose residences were recently fumigated contact their pest control company to ask if Country Fume was the fumigation subcontractor.  "If so, consumers may wish to ask to have their homes reexamined for pest problems," said Kelli Okuma, registrar of the California Structural Pest Control Board, "because Country Fume has been charged with not using any fumigant in several homes it was contracted to treat."

The most serious violations charged against the company involved failing to adequately clear a residence of methyl bromide before allowing the house to be reoccupied, and for using fumigant without adding chloropicrin as required by federal law and state regulations.  (Chloropicrin is tear gas and acts as a chemical warning agent for the colorless, odorless fumigants.)

Methyl bromide and sulfuryl fluoride are fumigants used to treat structures for termites and other wood-destroying pests. Because they are gases, they do not stay on dry surfaces.  Therefore, there is insignificant exposure from touching treated surfaces.

Symptoms of inhalation overexposure to methyl bromide would be expected to appear within 4 to 12 hours, and can include blurred vision, headache, and nausea.  At higher concentrations, methyl bromide can cause tremors, sleepiness, convulsions, and excess fluid in the lungs.

Methyl bromide is on the State's Proposition 65 list of chemicals known to cause reproductive toxicity.  Women who were pregnant at the time of fumigation and believe they may have been exposed should consult their physicians.

Symptoms of overexposure to sulfuryl fluoride (expected to appear within 8 hours) include nose and throat irritation, and nausea. At higher concentrations, it can cause excess fluid in the lungs, sleepiness, pneumonia, and convulsions.

Sulfuryl fluoride is not considered a reproductive toxin.  Neither sulfuryl fluoride nor methyl bromide have been shown to cause cancer when animals were exposed under experimental conditions.

The two chemicals have similar treatment methods.  The unoccupied structures are sealed, usually with large tarps.  The gaseous pesticide is pumped under the tarp and the structure is left sealed for about 24 hours.  Following removal of the tarps, the structure must be ventilated for a period ranging from six hours to seven days, depending on the chemical and whether fans are used to help aerate the structure.

Once the tarps are removed, sulfuryl fluoride-fumigated homes must be ventilated for six hours before the air inside is checked by fumigation company personnel to ensure that it is safe to reoccupy.  Structures fumigated with methyl bromide must be ventilated for three to seven days after the tarps are removed, depending on the method of aeration.  Residents must stay out of fumigated structures considerably longer when methyl bromide is used.

State regulations also require buffer zones around methyl bromide fumigations.  Methyl bromide cannot be used within 10 feet of a neighboring occupied structure. For these reasons, most fumigators use sulfuryl fluoride although it is a much more costly gas to purchase.

Twenty structures in San Diego County (including single family homes, duplexes, and triplexes) were the subject of the Country Fume investigation, which began in September.  Ten structures were fumigated with sulfuryl fluoride, although there was at least one instance when the company allegedly neglected to use the required chemical warning agent.  Nine of the homes were tarped and signs posted that they had been fumigated, but repeated tests by inspectors over several days revealed no fumigant gas had been used.  One structure-a rental duplex in the process of being sold-was posted as being treated with sulfuryl fluoride but when tested by inspectors was found to have been treated with methyl bromide.  (Real estate agents were informed of the situation, and the house was locked and tenants prevented from entering until it could be tested and certified as safe to reoccupy.)

Representatives of Country Fume appeared in San Diego Superior Court last week to answer charges.  Their arraignment was put over until December 14.  However, they agreed to a court order that they cease statewide operations immediately.

According to pest control industry estimates, there are approximately 95,000 fumigations annually in the state.  Most are in Southern California-45,000 in Los Angeles County and 10,000 in San Diego County.  Because of increasing state restrictions on methyl bromide, less than 2 percent of fumigations are now done with that pesticide, according to industry experts.

DPR is one of six boards and departments within the California Environmental Protection Agency. Its mission is to protect human health and the environment by regulating pesticide sales and use and fostering reduced-risk pest management.

-end-

 

Media contacts:

San Diego County Department of Agriculture:
Kathleen Thuner/858-967-9367

San Diego City Attorney's Office:
Steven Gold/619-533-6593

California Structural Pest Control Board:
Kelli Okuma/916-263-2540

California Department of Pesticide Regulation:
Veda Federighi/916-445-3974

Well Mr. Helliker, I would like to point out fumigation is not only extremely dangerous but it is very ineffective, especially  if the wood is sealed and there obviously is no "residual' pest "control" effect.  Since 1953, when non-volatile borax was mandated in New Zealand to be used to treat and to pretreat lumber and homes and buildings, there has never been  any evidence of even one successful attack of wood destroying organisms in New Zealand, no matter what the conditions.  Borax is safe enough to wash baby diapers in.  But, obviously there is a whole lot more money in fumigation.

Respectfully,  Stephen L. Tvedten


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