November 8, 2010
TYMACK INCORPORATED O/A NUTRI-LAWN KINGSTON AND ROBERT BAXBY FINED $10,486 FOR USING BANNED PESTICIDES
KINGSTON & BELLEVILLE – On October 14, 2010, Tymack Incorporated operating as Nutri-Lawn Kingston and Robert Baxby were each convicted of four violations under the Pesticides Act for using a prohibited Class 9 Pesticide for cosmetic use and failing to post signs as per regulations.
The Court heard that Mr. Baxby is the manager and sole director of Tymack Incorporated operating as Nutri-Lawn Kingston, who has been providing lawn care services in Belleville and Kingston. On April 24, 2009, Mr. Baxby met with ministry staff in Kingston to discuss the new cosmetic pesticide ban, and the requirements of the ban were explained to him. Mr. Baxby was strongly encouraged to comply with the new ban. On August 13, 2009, the ministry received a complaint that company trucks and employees were applying chemicals to control weeds at a site in Kingston, leaving a strong odour. Ministry staff attended the site and confirmed that the company had sprayed that morning. There were also no signs posted. On August 19, 2009, an examination of the turf areas at the site revealed vegetation with abnormal growth patterns, characteristic of exposure to Class 9 Pesticides.
On October 8, 2009, the ministry received several complaints related company employees using a mixture in the spray tank at a site in Belleville. Again, no signs were posted and the results of samples taken from the tank confirmed high concentrations in the Class 9 category and therefore, a banned substance.
The company was charged following an investigation by the ministry’s Investigations and Enforcement Branch. The company was fined at total of $10,486 on two charges, plus a victim fine surcharge and given 12 months to pay the fines.
October 15, 2010
KEVIN CROSS FINED $12,000 FOR USING BANNED PESTICIDES
KINGSTON – On September 30, 2010, Kevin Cross was fined $12,000 for using, causing, or permitting the use in, on, or over land of a pesticide, contrary to amendments made under the Pesticides Act.
The Court heard that Mr. Cross owns a lawn care and pest control company in Kingston. From May to August 2009, the ministry had received reports that the company had been applying banned herbicides to three residential properties.
Mr. Cross was charged following an investigation by the ministry’s Investigations and Enforcement Branch. Mr. Cross was fined $12,000 plus a victim fine surcharge and was given one year to pay the fine.