Re: [compost_tea] Re: Herbicide Over Spray Damage
This is really something you should be talking to a lawyer about.
On Apr 30, 2011, at 7:57 PM, Sally Norton wrote:
> 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
>>
>> 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 - 10:52:43 EDT
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