[compost_tea] Re: Herbicide Over Spray Damage
Dear Cecile,
This is very helpful information. I thank you for taking the time to
share this. We think that the application occurred on the 19th of
April. The conditions included a SSW wind at 11MPH gusting into the
20MPH vicinity with 50% humidity. We think it was this date because my
husband was home sick that day and noticed the man and his truck working
in the yard. The "company" is a sole proprietor who does not seem to be
certified to apply pesticides professionally in my state. In our phone
conversation on April 25th, he told me that he used Speed Zone on the
next door property, but did not know the date.
I especially appreciate your itemizing some of the ecosystem damage.
This is a great concern - having created a high-functioning ecosystem
here over the course of 4 years to have it so set back by this negligent
act on the part of my neighbor and his contractor.
I have noticed a change in the fauna on our property - less birds (gone
are the wood peckers, nut hatches, and cardinals), and more bugs.
Suddenly, the damaged plants are very bug eaten and we are seeing many
insects that are not normally here in abundance on several plants (they
look like mini flies). The collards and lettuces just stopped growing
and look terrible.
I told the pesticide investigator from our state department of
agriculture that I did want the tissue samples tested for chemical
residue. We'll see how much testing they actually do.
My own health has already been affected: I've had swollen and arthritic
joints for the last six days (a symptom that has historically meant I've
had some toxic chemical exposure).
Sadly, things that I value (my health, my organic eco-system and my
economic loss of home-grown food) are of no concern to my neighbor.
Does anyone know where I can read some legal precedents related to
pesticide drift? We've suffered economic loss, health impacts, and the
destruction of several years of hard labor; my husband (who is a city
planner, not a lawyer) thinks this is probably a classic case of
nuisance damage to our property and that if we take legal action, we'll
probably win something -- but the time and effort are irreplaceable, and
legal action is in itself a major nuisance.
Sally
On 4/30/2011 12:22 PM, seaseal wrote:
> Dear Sally,
>
> You ask (below) does the date really matter? Yes, it does, as the date
> would tell the Ag Commissioner's office the weather conditions. The
> weather determines if an application of pesticides or fertilizer can
> be made----re moisture content in the air (humidity), wind factors,
> rain, fog, mist, etc---all things that would move the application from
> the area to surrounding areas.
>
> If you don't have the exact date to report the drift, a determination
> will be more difficult. See if you and the witnesses and neighbors can
> get an exact date---ask for the name of the company that did the
> application, as they will have a record (for billing purposes if
> nothing else). Also the person who paid them may have the date on
> their check or other payment receipt.
>
> Re what to do to get your plants to recover....here in California,
> soil that has been affected by chemical pesticides and fertilizers
> must be transitioned with NO applications for three years. Please
> check with whoever does Organic Certification near you--contact
> several organic farms and ask who certifies them.
>
> Several things happen with chemical applications:
>
> --the soil food web changes as some creatures such as such as
> earthworms and nematodes are killed, while other populations of soil
> critters micro-organisms thrive; these determine nutritional uptake in
> plants so when they are dead, little nutritional exchange takes place;
>
> --the balance of predators to prey is upset, so insect populations,
> bird populations, and microbes all change; to bring this complex
> series of connections back into balance takes awhile;
>
> --the plants themselves do uptake of chemicals two ways---through
> their root systems and through the small openings on the bottom of
> leaves. The plants will have absorbed the chemicals if they were moist
> and airborne;
>
> --depending on what tests are done, the extent of contamination can be
> shown; however, not all tests work and I doubt if extensive testing
> will be done unless you hire an attorney who is familiar with drift
> cases. Here, up the coast, an organic farmer was awarded $12 million
> for drift but it took several years.
>
> Because chemicals don't wash off--or out--I would be cautious about
> eating things unless you find out the total composition of the sprayed
> materials and then check those against potential problems.
>
> You could get opinions on this drift and the safety of the food from
> Ag Extension, any Organic Certifiers, the State College / University
> closest to you that teaches organic methods, any local physicians who
> treat farm workers, and also perhaps your state's Dept of Ag, Consumer
> Rights, and the Attorney General's office.
>
> Cecile
> seaseal_at_got.net <mailto:seaseal_at_got.net>
>
> Drug Money
>
> Between 1998 and 2008, the pharmaceutical industry protected itself by
> spending $1.5 billion dollars lobbying the U.S. government. (That
> would give each Senator $15 million dollars, were those monies so
> invested!)
>
>
> RE: Thanks for the reply. I see that in haste, I made an error in calling
> the property downwind - I am the downwind property. I did not know
> about the application until my plants showed the damage. The fact that
> the application occurred was confirmed by the applicator, the owner, and
> a witness. None of them are sure of the exact date, however. Does the
> date really matter? Interesting too is that there is some evidence of
> over-spray on the property on the upwind adjoining property too. The
> state pesticide investigator came out observed the extent of the damage,
> and took samples for lab testing. There will be an official report. This
> will help be decide what is safe to eat, but how do I best help my
> plants recover?
Received on Sun May 01 2011 - 10:52:40 EDT
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