A Morton farmer faces a potential $250,000 fine by the Illinois Department of Agriculture [IDOA] for allegedly applying pesticides on a farm near the Bethel Lutheran School while the school hosted an outdoor event.
In the notice of the possible fine, Mark Eigsti also received notice of the revocation of his private applicator and operator licenses as a result of alleged violations of the Illinois Pesticide Act.
That’s what Katie Vandenberg found in a Freedom of Information Act, or FOIA, request to the IDOA to find out more about what happened in the case involving her daughter.
“Right now, everything’s OK. I think what happened was incredibly unfortunate and stressful for families, especially families whose kids already suffer from allergies, asthma … things like that,” Vandenberg said in an interview on WGLT’s Sound Ideas.
Reached by phone, Eigsti declined to comment.
A spokesperson for the IDOA confirmed the documents Vandenberg obtained are a notice outlining the department's intent.
"The notice is not a final agency action. The recipient has the opportunity to request a hearing before any final action is taken. In this case, a hearing has been requested, so the matter remains pending," said IDOA spokesperson Lori Harlan.
The IDOA's notice to fine indicates two crop chemicals used by Eigsti in April are only to be used in wind conditions less than 15 mph. Glory 4L, one of the pesticides used, may only be sprayed when wind speeds are 2-10 mph.
The report said recorded wind speeds at the school were in excess of 19 mph when both chemicals were applied. The department's investigation concluded at least 200 individuals were in the vicinity, which escalates the penalty.
"If five or more humans are exposed," it said, "then the penalty shall be $1,250 for each human exposed."
Vandenberg said she was happy with how serious the IDOA took the complaints and investigation.
“And the fact that we filed complaints at 6 p.m. on a Thursday, and they were at the school by noon the next day with three inspectors, showed how important the IDOA takes the seriousness of health and well being, especially of children,” she said.
Changes to state law?
She filed the initial complaint with IDOA after she and other parents were notified by the school by email that high wind drifted the pesticides from the farm across the street to the school’s parking lot. Vandenberg said she supports an amendment to the Illinois Pesticide Act to better protect families and communities.
Some Illinois lawmakers feel the same. Democratic state Rep. Laura Faver Dias, representing a suburb of Chicago, sponsored a bill to require farmers spraying pesticides near a school or park to send an email 72 hours in advance notifying when they would be applying the pesticides.
The amendment to the Illinois Pesticide Act was referred to the rules committee on April 17 of this year and has had no movement since.
Vandenberg hopes it will be revisited in the fall veto session, because she thinks it could help more than just children.
“I’ve been thinking about this quite a bit, and I actually think this could be good for farmers to get this passed,” she said. “I know there’s a lot of pushback from the [Illinois] Farm Bureau, from the [Illinois] Soybean Association, and from people that support them, but if this was in place, this would have been one more checkpoint for that farmer to consider.
“One more stop, and he wouldn’t have to deal with the stress, the time, the energy and now obviously a huge bill that he has to pay to the IDOA.”
'Current regulations worked'
Republican state Rep. Bill Hauter, who represents the district where the Morton farm is located, was opposed to the bill. He said it would be "very onerous for our farmers."
Hauter said Wednesday on Facebook that the fine demonstrates that "current regulations worked."
"Current regulations were NOT followed and there were repercussions. For example, if the speed limit is 70 and someone wrecks going 90, I am not going to support a new 60 mph speed limit," Hauter wrote. He added that "if there is a need for new regulations, I would definitely support a balanced and common-sense bill."
Hauter said schools and large public gatherings need to have a plan for toxic exposures when violations or accidents happen. But that doesn't replace the need for regulations, he said.
Hauter said he'd been in contact with Vandenberg on the bill and said she was "very reasonable and knowledgeable to work with." Vandenberg confirmed she'd had "some good conversations with" Hauter.
Vandenberg said children's health is paramount and that "we don’t know what could happen from something like this, and I think above all, that’s what should matter.”
“I think that most school administrator and teachers are probably pretty exhausted from having to protect kids from things that are happening on the outside that our legislators and our representatives are not taking care of when they could very easily take care of it," Vandenberg said. "I don’t think that [Hauter’s] response is the proper response.”
Regardless of what outcome the bill faces, Vandenberg said she hopes farmers and residents of farm communities will have a better understanding of how to protect their health.
"Even if you're not a parent and you have it happening near your home, or if you're maybe a grandparent at a park and you see something happening, you know that there are ways to report it.
“I think up until now a lot of people just thought, ‘Oh, this is terrible,’ and that's what I've heard from a lot of people, that they didn't even know that there was a way to put in a complaint.”
Vandenberg said she's been thrilled to see others advocate for changes to the Illinois Pesticide Act.
