Terminix International and affiliates were sentenced for violations of the Federal Insecticide, Fungicide, and Rodenticide Act in the U.S. Virgin Islands, according to the Department of Justice and the Environmental Protection Agency.
The pest control company illegally applied fumigants containing methyl bromide in multiple residential locations in the U.S. Virgin Islands, including the condominium resort complex in St. John where the Esmond family from Delaware fell seriously ill in March 2015 after the unit below them was fumigated. Members of the family were disabled.
According to the plea recommendation, the companies are to pay a total of $9.2 million in criminal fines, community service, and restitution payments. Terminix, USVI will pay $4 million in fines and $1 million in restitution to the EPA for response and clean-up costs at the St. John resort. Terminix LP will pay a fine of $4 million and will perform community service related to training commercial pesticide applicators in fumigation practices and a separate health services training program.
“The sentences, in this case, reflect the serious nature of the defendants’ illegal actions and the unacceptable consequences of those actions,” said EPA Administrator Scott Pruitt. “This case should serve as a stark reminder that pesticides must be applied as intended and that those who ignore laws that protect public health will be held accountable by EPA and our law enforcement partners.”
“This case demonstrates how critical it is to comply with environmental laws and regulations,” said Acting United States Attorney Joycelyn Hewlett for the District of the Virgin Islands. “An entire family suffered horrendous and life-altering injuries. We will continue to aggressively enforce environmental laws to help prevent something like this from ever happening again.”
In 1984, the EPA banned the indoor use of methyl bromide products. The few remaining uses are severely restricted and largely limited to commodity applications for quarantine and pre-shipment purposes. Pesticides containing methyl bromide in the U.S. are restricted-use due to their acute toxicity, meaning that they may only be applied by a certified applicator. Health effects of acute exposure to methyl bromide include central nervous system and respiratory system damage.
According to the information filed in federal court in the U.S. District Court of the Virgin Islands, the defendants knowingly applied restricted-use fumigants at the Sirenusa resort in St. John for the purpose of exterminating household pests on or about October 20, 2014, and on or about March 18, 2015. The companies were also charged with applying the restricted-use pesticide in 12 residential units in St. Croix and one additional unit in St. Thomas between September 2012 and February 2015.
Terminix, USVI provided pest control services in the Virgin Islands including fumigation treatments for Powder Post Beetles, a common problem in the islands. These fumigation treatments were referred to as “tape and seal” jobs, meaning that the affected area was to be sealed off from the rest of the structure with plastic sheeting and tape prior to the introduction of the fumigant. Customers were generally told that after a treatment, persons could not enter the building for a two- to three-day period.
On or about March 18, 2015, two employees of Terminix, USVI, performed a fumigation pesticide treatment at the lower rental unit of Building J at Sirenusa in St. John. The upper unit in Building J was occupied by a Delaware family of four. Via various means, methyl bromide from the lower unit migrated to the upper unit of Building J, causing serious injury to and hospitalization of the entire family.
Within days, the EPA sent out a pesticide use warning to pesticides applicators in Puerto Rico and the U.S. Virgin Islands, followed by a broader pesticide notice to regulators in all states, the British Virgin Islands, and to other Caribbean and Latin American countries.
After the government began its investigation, Terminix LP voluntarily ceased its use of methyl bromide in the U.S. and in U.S. territories. The government has notified the district court that the defendants have made full restitution to the Esmond family. Reports indicated the settlement totaled $90 million.
