Marin County Parks and Open Space Department

Notice of Violation - Failure to Post Notification

On May 26, 2017, at the 1600 Los Gamos complex, Crane Pest Control made an application with Essentria IC3—a pesticide used to control pill bugs. Although this product is on the 2017 Marin County Integrated Pest Management Allowed Pesticide List, Crane failed to follow protocol to request a pesticide application and submit the proper notifications to alert the occupants of the complex regarding the pesticide treatment. Failure to request permission and post notification of a pesticide application constitutes a violation of the IPM Ordinance and Policy. A notice of violation- as well as copy of the County’s IPM ordinance- was sent to the contractor to serve as a reminder of the required processes.

Notice of Violation - Unlisted Product Used CB-80

On July 13, 2017, at the Marin Civic Center exterior landscapes, ATCO Pest Control made a 2oz. application of CB-80—a pesticide used to control flying insects (wasps). This product is not on the 2017 Marin County Integrated Pest Management Allowed Pesticide List. Failure to request permission and post notification of a pesticide application—or to apply an a pesticide that is not on the 2017 Marin County Integrated Pest Management Allowed Pesticide List—constitutes a violation of the IPM Ordinance and Policy. A notice of violation, a copy of the County’s IPM ordinance, and a request for a meeting to review allowable products were all sent to the contractor.

Notice of Violation - Unlisted Product Used Finalsan:

On September 8 and September 22, 2014, Coast Landscape management-- the contractor responsible for landscape maintenance at the County’s Health and Wellness Center, made applications to control the weeds growing in the landscaped areas throughout the campus with Finalsan, an OMRI (organic) listed herbicide. Finalsan is a non-selective burn down herbicide used instead of glyphosate, another non-selective herbicide. Unfortunately, the contractor did not properly post the site or notify county staff resulting in no signs posting the area in advance of the treatment application nor was the application posted on the County’s IPM website. More importantly, Finalsan is not on the County’s approved list of products to be used. This product is OMRI listed and considered as a least-toxic alternative; nevertheless, Finalsan has a Warning label. The reason for the warning label is due to the potential ocular hazard to the applicator. A Warning label, or category II material, by definition of the County IPM Ordinance is not allowable. It should be noted that staff is recommending that this product be added to the allowable list, by way of exemption, for the 2015 year on a trial basis.

Notice of Violation - Unlisted Product Used Orange Guard:

On November 21, 2013, public works staff applied 10 ounces of Orange Guard, EPA Reg. No. 061887-1-AA, to control ants, to the interior of County of Marin owned property at 3260 Kerner Blvd in San Rafael. Orange Guard is not an allowed product in the Marin County Integrated Pest Management Program. Furthermore, a Notice of Application and mapping information were not submitted to the Marin IPM Coordinator to be processed, as a result, notifications were also not posted on the IPM website for the public’s information. Public works staff was also reminded that it is required to install proper posting signs at the job-site for informing the workers and the public.

Violations of the Marin County of Marin IPM Ordinance and Policy include:

  • Orange Oil is not on the approved IPM Allowed Products List.
  • Posting and notifications were not done at the time of application.

Notice of Violation - Unlisted Product Used Spectracide:

On October 26, 2015, The Shooter Co., a landscape maintenance contractor responsible for maintaining the grounds of the Los Gamos complex, made an unauthorized application of Spectracide to the no-mow fescue fronting at 1600 Los Gamos. There was no noticing of the application, the application was made to ornamental turf and the product Spectracide was not on the 2015 Allowed Products list, all violations of the County’s IPM ordinance. The Contractor was confused with the applicability of the ordinance as a portion of the property is County owned (1600 Los Gamos) and a portion is privately owned (1650 Los Gamos) and they failed to differentiate the two. A notice was sent to the contractor and there have been no further violations with this contractor.

Notice of Violation - Unlisted Product Used Reliant:

On June 16, 2015 Bartlett Tree Experts made an application of Reliant, a fungicide used to prevent Sudden Oak Death, to high value oak trees growing in the non-pedestrian traffic medians of County Service Area 16 (CSA-16). The product Reliant was not on the 2015 Allowed Products list and should not have been applied. The product Reliant is an alternative label which is comparable to Agrifos, which is on the allowed list and should have been applied. A notice of violation was sent to Bartlett Tree Experts and they made the appropriate adjustment for their fall preventative treatment of the high value oak trees within CSA-16.

Notice of Violation - Unlisted Product Used Finalsan:

On September 8 and September 22, 2014, Coast Landscape management-- the contractor responsible for landscape maintenance at the County’s Health and Wellness Center, made applications to control the weeds growing in the landscaped areas throughout the campus with Finalsan, an OMRI (organic) listed herbicide. Finalsan is a non-selective burn down herbicide used instead of glyphosate, another non-selective herbicide. Unfortunately, the contractor did not properly post the site or notify county staff resulting in no signs posting the area in advance of the treatment application nor was the application posted on the County’s IPM website. More importantly, Finalsan is not on the County’s approved list of products to be used. This product is OMRI listed and considered as a least-toxic alternative; nevertheless, Finalsan has a Warning label. The reason for the warning label is due to the potential ocular hazard to the applicator. A Warning label, or category II material, by definition of the County IPM Ordinance is not allowable. It should be noted that staff is recommending that this product be added to the allowable list, by way of exemption, for the 2015 year on a trial basis.

Notice of Violation - Unlisted Product Used Orange Guard:

On November 21, 2013, public works staff applied 10 ounces of Orange Guard, EPA Reg. No. 061887-1-AA, to control ants, to the interior of County of Marin owned property at 3260 Kerner Blvd in San Rafael. Orange Guard is not an allowed product in the Marin County Integrated Pest Management Program. Furthermore, a Notice of Application and mapping information were not submitted to the Marin IPM Coordinator to be processed, as a result, notifications were also not posted on the IPM website for the public’s information. Public works staff was also reminded that it is required to install proper posting signs at the job-site for informing the workers and the public.

Violations of the Marin County of Marin IPM Ordinance and Policy include:

  • Orange Oil is not on the approved IPM Allowed Products List.
  • Posting and notifications were not done at the time of application.

A Notice of Violation was issued. Documentations regarding Marin County of Marin IPM Ordinance and Policy and Notice of Pesticide Application procedures were again provided for review. Public works staff was advised to comply with the Marin County of Marin IPM Ordinance and Policy and has taken actions and training to prevent any further violations.

Note: Orange Guard is an OMRI product and is approved in California for control ants for indoor and outdoor uses; it was applied in accordance with label requirements and EPA regulations. For further information about the products, follow the links below.

Orange Guard label
Orange Guard Material Safety Data Sheet (MSDS)

Notice of Violation - Unlisted Product Used Intice 10

On October 8, 2013 Crane Pest Control applied 30 ounces of Intice 10, EPA Reg. No. 73079-6, to the exterior of Marin Common at 1600 Los Gamos Road in San Rafael. Intice is not an allowed product in the Marin County Integrated Pest Management Program. Furthermore, a Notice of Application and mapping information were not submitted to the Marin IPM Coordinator to be processed, as a result, notifications were also not posted on the IPM website for the public’s information. Crane Pest Control was also advised that it is required to install proper posting signs at job-site for the safety of the public.

Violations of the Marin County of Marin IPM Ordinance and Policy include:

  • Intice is not on the approve IPM Allowed Products List.
  • Posting and notifications were not done at the time of application.

A Notice of Violation was issued. Documentations regarding Marin County of Marin IPM Ordinance and Policy and Notice of Pesticide Application procedures were provided to the Crane Pest Control to review. Crane Pest Control was advised to comply with the Marin County of Marin IPM Ordinance and Policy and was requested to provide the Marin County IPM Coordinator a description of actions taken to prevent any further violations.

Note: Intice 10 is approved in California for perimeter bait indoor and outdoor uses; it was applied in accordance with label requirements and EPA regulations.

Intice 10 label
Intice 10 Material Safety Data Sheet (MSDS)

Notice of Violation - Unlisted Product Used Ronstar G

During review of work performed by Bauman Landscape (a subcontractor to Ghilotti Brothers Inc.) for the construction of a bike lane project on Alameda Del Prado in Ignacio, it was determined that a 100 lbs of a pre-emergent weed control product, Ronstar G, EPA Reg. No 432-886, was used at the site. Ronstar G is not on the approved list of products included as part of the County of Marin Integrated Pest Management (IPM) Program and as such is a violation of the County of Marin IPM Ordinance and Policy.

Violations of the Marin County of Marin IPM Ordinance and Policy include:

  • Ronstar G in not on the approved IPM list.
  • Ronstar G is listed in Prop 65 as a product that contains a chemical known to the State of California to cause cancer; Oxadiazon 19666-30-9 and Naphthalene 91-20-3.
  • This product contains a chemical known to the State of California to cause birth defects or other reproductive harm; Oxadiazon 19666-30-9 Developmental toxin.
  • Posting/notification was not done at the time of application.

On June 17, 2010 Bauman Landscape, a subcontractor to Ghilotti Brothers, Inc. on the construction of a bike lane project on Alameda Del Prado, applied 100 lbs of Ronstar G, EPA Reg. No 432-886, in the median islands of Alameda Del Prado from Posada Del Sol to Alameda de la Loma. It was applied at a rate of 3.62 pounds/1000 square feet to an area of approximately 27,600 square feet. Ronstar G contains 2% of the active ingredient Oxadiazon, so the total application was 2.0 pounds of this ingredient. Bauman Landscape used this product without the permission of or advance notice to the County.

Public Works staff is amending their project specifications to ensure strict adherence in all future contracts for contractors and subcontractors to the requirements in the County's IPM Ordinance and Policy.

Note: Ronstar G is a product approved in California for this type of application and it is commonly used in the landscape industry for weed control; it was applied in accordance with label requirements and EPA regulations.

Ronstar G label
Ronstar G Material Safety Data Sheet (MSDS)