Halt to Pesticide Spraying Sought

Ventura County prosecutors are seeking a court order to block a Ventura citrus grower from spraying pesticides near Mound Elementary School--an unusual action that follows a six-month investigation into pesticide drift near the campus last November.

The order accompanies a civil lawsuit filed Thursday against rancher Dan Campbell and his foreman, who are accused of violating state air pollution standards and regulations for pesticide application.

Campbell could face up to $40,000 in fines and restrictions on how he applies pesticides in the future.

“The goal here is to compel him to be a responsible rancher,” said Chief Deputy Dist. Atty. Greg Totten, who described Campbell’s pesticide spraying last fall as “careless.”

As part of their complaint, prosecutors want a judge to impose a permanent injunction forcing Campbell to adopt “prudent” pesticide application practices. They also want him to notify agriculture and school officials before fumigating the lemon orchard across the street from the east Ventura campus.

In the meantime, prosecutors are pushing for a temporary restraining order to halt any immediate spraying plans. A hearing is set for today before Superior Court Judge Henry Walsh.

Neither Campbell nor his attorney could be reached for comment Thursday. Campbell has previously said that any pesticide drift onto the school campus was accidental.

Two Mound students were sent home Nov. 8 and dozens of others complained of dizziness, headaches and nausea following an early-morning application of the insecticide Lorsban on the orchard.

In the days that followed, parents and educators called for tighter controls on pesticide spraying.

Meanwhile, the offices of the Ventura County agricultural commissioner, Air Pollution Control District and district attorney launched an investigation.

The complaint filed by prosecutors alleges that Campbell and his foreman engaged in unfair business practices by violating provisions of state codes regulating the application of Lorsban.

The complaint specifically refers to the November spraying and an earlier pesticide application in May 1999.

Mound parents praised the district attorney’s action.

“We are very happy,” said Mary Haffner, a Mound parent and an anti-pesticide activist. “This is a serious situation, because it involves the health of children.”

Earlier this month, Campbell notified school administrators that he planned to spray his crops again--prompting further outcry by parents.

Ranchers are not required by law to make such notification if they are using nonrestricted poisons, such as Lorsban. But county agricultural officials say ranchers are keeping schools better informed in response to the Mound incident.

If the Ventura County district attorney’s lawsuit is successful, Campbell would be required to give such notification and to adopt specific application and monitoring practices.

“The largest objective is to prevent him from doing this again,” Totten said. He added that the court action is “fairly unusual” because most ranchers in the county are careful in using pesticides.

Mound parent Rob Roy, president of the Ventura County Agricultural Assn., also described the complaint as unusual. He said he had not heard of such an action being taken in at least 20 years.

But Roy said he was not surprised by the district attorney’s action in light of the November incident.

“This type of incident is not something we in the agriculture industry condone,” he said. “There probably should have been a little more care taken.”

In February, Assemblywoman Hannah-Beth Jackson (D-Santa Barbara) introduced a bill that would increase regulatory oversight of pesticide use near schools, day-care facilities, nursing homes and hospitals.

Violators would also face stiffer fines than California law now allows. The bill, which faces some opposition, is working its way through Assembly committees.