Jose D. Rivera, Pesticide Misuse, U.S. Virgin Islands 2019

Charlotte Amalie, VI – Jose D. Rivera, formerly a Branch Manager with Terminix International USVI LLC, was sentenced to 12 months in prison on January 17, 2019, for illegally applying the highly toxic fumigant methyl bromide in multiple residential locations throughout the U.S. Virgin Islands. The sentencing concludes a case stemming from incidents dating back to 2015, including a near-fatal poisoning of a family vacationing on St. John.

Rivera, a certified pesticide applicator trained by the University of the Virgin Islands, knowingly violated federal law by applying the restricted-use pesticide in a manner inconsistent with its label instructions. The label specifically prohibits the use of methyl bromide within residential units – a crucial safety measure given the chemical’s acute toxicity. Evidence presented demonstrated Rivera understood this requirement but disregarded it, putting residents at significant risk.

The case gained prominence following an incident in March 2015 at the Sirenusa condominium resort on St. John. A family of four became seriously ill after methyl bromide drifted from a unit below, which had been illegally fumigated by Rivera. The family suffered severe neurological and respiratory symptoms, requiring immediate medical attention. Investigations revealed multiple similar applications performed by Rivera across the islands, prompting a larger EPA investigation.

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Corporate Accountability & Methyl Bromide Risks

This conviction follows earlier penalties levied against Terminix LP and Terminix USVI in November 2017. The companies pleaded guilty to similar violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and were collectively sentenced to pay $5.8 million in fines and restitution. Terminix USVI paid $4.6 million in fines and $1.2 million in restitution to the EPA for cleanup costs related to the St. John resort incident. Terminix International Company LP was fined $4.6 million and ordered to perform community service focused on pesticide applicator training and health services.

The EPA banned indoor use of methyl bromide in 1984 due to its extreme toxicity. While limited applications remain for specific commodity treatments, its use is heavily regulated and restricted to certified applicators. Exposure to methyl bromide can cause severe damage to the central and respiratory systems, highlighting the importance of strict adherence to safety protocols. The EPA emphasizes that pesticides, while valuable tools, pose significant risks if not used as directed.

Legal Ramifications & Key Facts

Rivera pleaded guilty in September 2018 to four counts of violating 7 U.S.C. 136j(a)(2)(G), specifically the misuse of a restricted-use pesticide in violation of FIFRA. The 12-month prison sentence reflects the severity of the offense and the potential for harm caused by Rivera’s actions. This case serves as a stark reminder of the legal and ethical responsibilities of pesticide applicators and the consequences of prioritizing profit over public safety.

Key Facts

Defendant: Jose D. Rivera
Crime: Illegal application of methyl bromide
Location: U.S. Virgin Islands
Year of Sentencing: 2019
Statute Violated: 7 U.S.C. 136j(a)(2)(G) (FIFRA)
Penalty: 12 months imprisonment
Related Corporate Penalties: Terminix LP & USVI paid $5.8 million in fines & restitution
Incident Location: Sirenusa resort, St. John, where a family became ill

Source: EPA ECHO Enforcement Case Database

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