(and what to do if you can't)
(reprinted from the National Coalition Against the Misuse of Pesticides)
(please bookmark this web site to return as many links are off site)
The first three steps are things you can do ahead of time to avoid pesticide drift and injury. If spraying is about to occur or has already occurred, skip to step 4.
1. The first step is to notify people who might be spraying in your area that you are concerned about exposure to pesticides.
Tell them you don't want to be exposed to pesticides through drift, runoff, or vaporization. You might tell people about any disabilities (chemical sensitivities, allergies, and asthma, for example) that might cause their spraying to deny you access to your own property and the use of public facilities. (This is an approach that is successful for some people.) If you have a farm that is certified organic where the certification is in danger, some people respond to lost money. Similarly, bees are vulnerable to insecticides. (On the other hand, some people worry that notifying people about such things will provoke spiteful pesticide attacks. Use your best judgment on this.)2. The second step is to ask those people who might spray near you to notify you in advance so that you can protect yourself, your family, and your property.
(Unfortunately, the experience of many people is that the times that they don't notify you are the times when the spraying is worst--for example, when they've been waiting for days for the wind to die down, and they finally give up.) However, if you are notified in advance, it will help in several ways.3. If county or township roadside spraying is a problem, post your roadside with "do not spray" signs and notify the appropriate county/township personnel.Some communities have laws requiring notification of impending pesticide applications in some or all cases. Some states have passed laws that prohibit communities from passing such ordinances. Beyond Pesticides/NCAMP is currently compiling a list of statutes and ordinances concerning notification. Contact us for information.
Some cities and counties require a specific sign that they will recognize and you must register for it at the appropriate office. (Notifying the appropriate person may not be as easy as it sounds. For example, in some townships, the road grader is the one who sprays. He may not work in an office. You have to reach him at home, and he may not return messages.)4. If you know that there will be spraying in your area:
5. When they spray:If the sprayer won't give you a copy, get the name of the product as completely as possible, and call the state enforcement agency and ask for a label. Or check out our manufacturer links for label files.
- Try to find out what will be sprayed, and get a copy of the label and the material safety data sheet (MSDS).
(Ha! Where to? Usually when they are spraying one place, they are spraying all over. That's why we said, "If it's possible...") If you can't, stay inside during the spraying and immediately after, with the windows closed. Then it gets tricky. At what point is it better to open the windows and let in fresh air? That will depend on a lot of things, including the temperature (chemicals vaporize faster in hotter weather), rain (some will wash off, but some will be activated by rain), wind direction (towards you or away), and, of course, what was sprayed. If the stuff is smelly, then your nose can be a guide, but sometimes the smell comes from stuff that's added to the actual poison--you don't know that the poison is gone just because the smelly stuff breaks down.
- If it's possible, get sensitive individuals out of the area during and immediately after the spraying.
Besides the hazards to them, they can track pesticides into the house, where they last longer than they would outside.
- When driving through an area that has been sprayed, close your windows and vents, putting your car's fan on maximum recirculation.
- Don't allow pets to run through sprayed areas.
- Protect yourself. Don't forget things like clothes hanging on clotheslines!
- Gather information and write it down:
- Date and time.
- Description and/or photos of plane, truck, or other application device:
- Plane: number, color, flight pattern, how turns were made, how many turns.
- Truck: license number, business name.
- Other: type of device, identification, how far away, how was spray directed?
- Can you see spray being released off target?
- What property is being sprayed?
- Weather conditions:
- Wind direction and speed. If you don't have an anemometer, you can call the nearest airport and/or look at clues like how smoke rises, do leaves rustle, do flags extend, do branches move, etc.
- Temperature
- Humidity and sky conditions.
- Any effects you notice immediately: smell, strange behavior of bees, irritation to eyes or mucous membranes, headache, nausea, other symptoms.
In addition, you should report any application that drifts into a body of water (in many cases, this is illegal) and anything that appears unsafe (spraying around a school bus stop, for example.)
7. After the most urgent steps have been taken care of:
- Call the landowner, farmer, or pesticide applicator to find out what pesticide was used.
- Find out possible ill effects of exposure and what you can do to mitigate them.
- Take recommended medical measures
- MAYBE Wash herbicide residues off valuable trees and shrubs after taking samples.
- Document the damage:
The name could be given as a trade name or a common name ("active ingredients"). Try to get both. Other important identifiers are the Chemical Abstracts System (CAS) numbers for the active ingredients and the manufacturer.
An important source of information is the pesticide label. The label is somewhat useful as a source of information about the pesticide hazards, but it is also a legal document that prescribes application methods and precautions. It may be available from the applicator, the state agency, Beyond Pesticides/NCAMP, or the manufacturer's web page.
The product's material safety data sheet or MSDS may be obtained from the applicator, state agency,or here.
Additional information is available from several sources, including the Beyond Pesticides/NCAMP: 202-543-5450 http://www.ncamp.org ncamp@igc.apc.org) and the Northwest Coalition for Alternatives to Pesticides (NCAP: 541-344-5044 http://www.efn.org/~ncap mailto:info@pesticide.org)
You should weigh several things before undertaking this step. First, your case may be weakened if evidence is removed before an official takes samples. Therefore, it may be a good idea to have an independent person with you when taking samples if you choose to try to save your plants while waiting for an investigator. (See below for sampling suggestions.) Finally, some herbicides are activated by water, in which case you should make sure to eliminate all traces of the herbicide.
1. In the case of herbicides, it is important to document the condition of susceptible plants before and after the damage is apparent. Most herbicides will show their effects 1-7 days after the application. Take photographs immediately after the application to show condition of plants before the chemical affects them, and later take follow-up shots from the same angles. (Take notes.) Try to take pictures or series of pictures that focus on leaves and growing tips of plants, but which also establish their location relative to some recognizable landmark. Take samples of vegetation near and at several distances from the site of application. Place in separate, clean, tightly sealed plastic bags (double-bagging is better) in the freezer. Take caution when collecting and storing samples to avoid exposure as much as possible.
2. In the case of physical illness of people or animals, see a physician or veterinarian to confirm symptoms, obtain a diagnosis, and receive treatment. Get a written report signed by the physician or veterinarian. (Note: Many physicians and veterinarians are not familiar with the symptoms of pesticide poisoning, many of which resemble symptoms of a cold or flu. Tell them about your exposure, and ask them to check the symptoms. Blood or urine tests may be necessary.)
3. In the case of a bee kill, examine the hives immediately. Unusual behavior, lack of bees in the hive, and unusually high mortality (more than 100 bees per day) are good indications of pesticide poisoning. Call the state agency to arrange for a hive inspection. Collect a handful of dead bees and put them in the freezer in a clean tightly sealed plastic bag for possible analysis.
4. Try to eliminate other possible causes for the damage: disease, pest damage, drought, low oxygen levels in ponds, etc.
5. It is always helpful to have an impartial witness accompany you in collecting the evidence. (Note: If the state agency sends an investigator, he/she will do these things. However, the investigator often arrives too late--two weeks or more after the incident--to document the damage.)
6. Write all this down as soon as possible.
7. Keep a record of every phone call and conversation regarding the incident (name, date, time, and substance). Write letters confirming your understanding of the substance of the phone call when you receive important information--state the major points of the conversation and request a response within five days if the other person disagrees with your statements.
There are two main avenues of legal recourse--action taken by the state or EPA against the applicator because of violations of the law and civil action to recover compensation for damages.
- Criminal: Use inconsistent with the label is a violation of state and federal law.
- Civil: You may recover compensation for damages.
Many labels prohibit drift or use in ways that will injure people, non-target plants, endangered species, water resources, etc.
There are also other provisions of the state pesticide law (of which you should get a copy from the state agency) that may apply. This is what the state agency investigator is supposed to do. You may need to be a squeaky wheel to keep the process moving. If the department does nothing for 120 days, then EPA may step in. (Of course, by that time, most pesticide residues are long gone.) We suggest you call EPA immediately, even though they will just refer you to the state. At least they will be aware of the incident.
You should file a pesticide complaint with the state agency and ask them whether you need to take any other steps if you think you might be seeking to recover damages in court. In some states, failure to file a form with the state can weaken your case. In addition, the investigation can provide valuable information. Some things to do if you may pursue this route:
1. Estimate the value of the damage and notify the applicator. Many settle quickly because they want to avoid court costs and additional insurance costs. (But don't forget to file the forms, etc. with the state agency meanwhile.)9. Tell us what happened.
2. If you hire an attorney, try to find one who is familiar with this area of law. I have heard many stories of people who suspected that their attorneys were being paid off by the pesticide applicator, especially in rural areas. Beyond Pesticides/NCAMP, NCAP, other pesticide-related organizations, Trial Lawyers for Public Justice, or your chapter of the Sierra Club can try to help you locate someone who won't do that. Here is some advice about choosing an attorney.
3. Above, asthma was mentioned as a disability. Chemical sensitivity is now recognized by some agencies (eg, HUD) as a disability protected by the Americans with Disabilities Act. This is a possible way of protecting you in the future.
4. If you go to court to recover damages, you will need to show two things: (1) that the damage was caused by the applicator's use of a particular pesticide, and (2) the amount of the damage.
5. Documentation that the damage was caused by the applicator's use of a pesticide:
6. The documentation above
7. The report of the state agency investigation
8. Residue analyses. These should be performed by the state agency, but if they do not respond promptly, then the analyses won't be worth anything. In that case, the samples you collected may need to be analyzed. The state health agency can supply a list of laboratories that can do the analysis. Be sure that the lab tells you the detection level for their method. Be sure that the lab can analyze for the pesticide involved in the type of material (soil, plant or animal tissue, water) that you have. More information about choosing labs is available from this article or you may e-mail us or NCAP.
9. Documentation of the amount of the damage
10. County agents can give an estimate of the value of shade trees and ornamentals.
11. Estimates of past yields and yields of unaffected fields are useful in estimating crop damage.
12. Keep records of visits to doctors, time missed from work, medication, etc. for health-related injuries. If the attorney is experienced in personal injury cases, he/she should know the right questions to ask.
13. Keep track of the costs of determining the damage.
Beyond Pesticides/NCAMP monitors the effectiveness of state and federal enforcement programs, so we will know the real risks associated with pesticides. Please tell us what happened and how well the state agency and EPA responded.
10. Join Beyond Pesticides/NCAMP and
help eliminate pesticide problems.
Beyond Pesticides/NCAMP works to help
you and others when you have been injured by pesticides. We also work to
eliminate these problems by demonstrating to decision-makers the real costs
associated with pesticide use. You can help us by joining
us today.
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