A former Branch Manager of Terminix International USVI LLC has been sentenced to 12 months in prison for illegally applying fumigants containing methyl bromide in multiple residential locations in the US Virgin Islands. According to the Environmental Protection Agency (EPA), Jose Rivera, 59, pleaded guilty to four counts of violating the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) for the application of a restricted-use pesticide in a manner inconsistent with its label.
The EPA states that Rivera was certified as a pesticide applicator by the Virgin Islands Department of Planning and Natural Resources and received pesticide applicator training from the University of the Virgin Islands. However, he knowingly applied methyl bromide, a registered restricted-use pesticide, in a manner inconsistent with the use instructions on the label at the residences named in the counts of conviction.
The case dates back to March 2015, when a family of four fell seriously ill after the unit below them was fumigated at the Sirenusa condominium resort complex on St. John. It was later discovered that Rivera had applied the fumigant containing methyl bromide in a manner that exceeded the allowed limits.
Rivera’s employer, Terminix USVI, was sentenced to pay $4.6 million in fines and $1.2 million in restitution to the EPA for response and clean-up costs at the St. John resort. Terminix International Company LP was also sentenced to pay a fine of $4.6 million and will perform community service related to training commercial pesticide applicators in fumigation practices and a separate health services training program.
The EPA has banned the indoor use of methyl bromide products since 1984, citing its acute toxicity and potential for serious health effects, including central nervous system and respiratory system damage.
Rivera was sentenced on January 17, 2019, and is currently serving his 12-month prison sentence. This case serves as a reminder of the importance of following safety protocols when handling pesticides and the severe consequences of violating environmental regulations.
The case was investigated by the EPA Criminal Investigation Division, in cooperation with the US Virgin Islands government and the Agency for Toxic Substances and Disease Registry.
Key Facts
- State: Federal
- Category: Environmental Crimes
- Source: DOJ Press Release â†â€â€
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