SALT LAKE CITY -- Bugman Pest and Lawn Inc. pesticide company and a number of its employees have reached a settlement with the state for misapplication of pesticides and record-keeping violations.
The violations were discovered after an investigation linked the deaths of Rebecca Toone, 4, and Rachel Toone, 15 months, of Layton, to improper pesticide application. The Toone family had hired Bugman to exterminate rodents in their lawn. Some but not all of the violations are linked to the incident that lead to the death of the girls.
The Utah Division of Plant Industry and the Attorney General Office announced the settlement Friday morning.
Ray Wilson, owner of Bugman, said Friday in a phone interview, "We are waiting for a signed copy of the settlement to be returned from the Attorney General's Office. We agreed not to make any comments until we had that and we're sticking to that agreeement."
Wilson said Bugman is still open for business.
The Toone sisters died in February, three days apart. Coleman Nocks, who worked for Bugman, faces criminal charges alleging he improperly applied aluminum phosphide pellets too close to the Toone home.
Nocks, who no longer works for the company, has already surrendered his applicator license and agreed never to reapply for a pesticide license in Utah.
Nocks, 63, of Bountiful, is charged in 2nd District Court in Layton with two counts of class A misdemeanor negligent homicide in the girls' deaths. His next court hearing is set for Oct. 28.
Under the terms of Friday's settlement, Bugman. its owner and six other employees are assessed fines totaling $46,800 and will serve a two-year probation for the civil violations. The company is responsible for $30,000 of the fine.
No criminal charges have been filed against Bugman Inc., its owner or the other six employees in the deaths of the Toone sisters.
Each employee will attend annually 18 hours of Utah Department of Agriculture and Food approved pesticide applicator training, undergo a records audit by the department and have no new violations of the Utah Pesticide Control Act, while serving probation.
If the employees successfully complete probation, $7,400 of the fines will be suspended.
"We believe this settlement is fair and abides by the intent of the Administrative Code," said Clark Burgess, pesticide program manager.
In April, the U.S. Environmental Protection Agency issued new restrictions on aluminum and magnesium phosphide products, restricting their use around residential homes or where humans may work.
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