If You are Sprayed with Pesticides

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COLLECT EVIDENCE

In order to keep that sprayer from ever poisoning you again, you'll have to gather some evidence right away. Since I know (from experience) how difficult it is to think clearly when you're angry and in a panic, I've given you a form, the "Pesticide Incident Data Sheet" (see page 79), to fill out. First of all, you'll need to note anything that will help identify the pesticide applicator. If you've been sprayed aerially, try to get the plane's N number. (If you can't see it, a description of the aircraft will do.)

You won't need to fill out the rest of the data sheet at the moment, but don't put off, for more than a day, writing a chronology of the episode. Memories fade, and to refresh yours, you'll need that brief blow-by-blow account.

REPORT THE INCIDENT

Above all, work fast. You should be able to corral everyone inside, jot down those notes (such as the airplane's description) that you can take only while the incident is under way, and phone the state pesticidelaw enforcement agency . . . all while that plane is still circling overhead.

Give the person at the agency a brief account of the event, and say you suspect a violation of the pesticide law. Tell him or her that you want someone to come investigate as soon as possible. In fact, try to get a commitment from an official to arrange a visit right away . . . because you can expect that residues will disappear in two to ten days, and those chemical traces will be important-perhaps some of the most important-pieces of evidence you can get. In addition, be sure to find out if you have to file a report with the state in order to meet the statute of limitations for filing a civil suit.

Next, call the regional EPA office and repeat the foregoing process. The individuals there will probably tell you that they'll simply refer your case to the state enforcement agency. That's fine . . . they're supposed to do that. The purpose of your call to the EPA is to alert its staff to the incident in hopes that they'll check up on the state agency to make certain it handles your case promptly.

FOLLOW UP

Unfortunately, there aren't many regions where an individual can report a case of pes ticide misuse and then simply sit back and watch the state take charge of the situation. In fact, in most areas you'll need to prod your local pesticide-law enforcement officials to get them to take the sort of action (such as suspending a sprayer's license or pressing criminal charges) that could prevent the same tragic incident from happening again and again. Then too, you may find that the damage you sustained was substantial enough-in monetary terms-to merit a personal civil suit.

At any rate, start your follow-up operation by calling the applicator, farmer, or landowner who was responsible for the spraying . . . to find out what pesticide was used. You can then learn about the probable acute effects of exposure to that substance (and what steps to take to lessen those effects) by calling the National Pesticide Information Clearinghouse mentioned before.

Be sure, too, to request a copy of the pesticide's label from NPIC (or from your state enforcement agency). According to the law, any applicator-private or commercialmust abide by all label instructions and precautions (and these often include the warning, "Do not allow pesticide to drift off target"). That label can be the most important follow-up tool you can get . . . so ob tain a copy of it, study it, and point out-in writing-to your state official any way in which the applicator violated the toxin's usage instructions. (Send a copy of your letter to the regional EPA office, as well.)

If a weedkiller drifts onto your property and you believe some of your valuable plants may be affected, you should try to document their condition before and after any damage becomes apparent. The effects of most herbicides become visible after one to seven days, so any photographs taken immediately after the spraying occurs will show the condition of the plants before the chemical does its damage. Furthermore, while you shoot, make a note of which plants are being photographed and from what angles the pictures are being taken. Try to get a series of shots that focus on the plants' leaves and growing tips, and also establish the crops' or trees' location and size relative to recognizable landmarks. Then after the symptoms appear, take a series of followup pictures from the same positions as the earlier photos.

See a doctor if you, your family, or your animals show any signs of illness. (Whenever possible, take the pesticide's label with you.) Having an examination can prove valuable for reasons of both health and legal documentation.

Should you believe that insecticide might have drifted onto your beehives, examine the insects as soon as you can. Signs that may indicate poisoning are unusual behavior and the presence of few live bees in the hive . . . or many dead ones-say, more than 100 per dayin or around it. Call your state's apiary inspector and ask him or her to make an examination for evidence. Also, collect a handful of dead bees, put them in a tightly sealed jar or plastic bag, and preserve them in the freezer for possible future chemical analysis.

As you gather evidence, always ask yourself if there may be any other causes for the symptoms you've noticed. After all, you may well have to answer arguments presented by a combative sprayer. So try to collect evidence discounting such "outside" possibilities as "The only reason you're sick is that you have a cold" . . . "Sure your trees died. They were infested with bugs" . . . "There wasn't enough oxygen to support all the fish in your pond" . . . and so on.

Be persistent in your efforts, too, and keep in touch with your enforcement officer. (Do, however, try to distinguish between an investigator who's doing all he or she can and one who really needs your constant prodding.)

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