GALAX, VA – A tragic case of pesticide misuse by Orkin Exterminating Company culminated in a $500,000 fine and probation in 1989, following the deaths of a Virginia couple. The case, originating in 1987 with the deaths in Galax, stemmed from the improper application of the fumigant Vikane at the couple’s residence. While two Orkin employees initially pled guilty in state court to misuse of the pesticide, the Environmental Protection Agency (EPA) referred the matter to the U.S. Attorney’s Office for federal prosecution, alleging violations of federal pesticide regulations.
The federal indictment, filed on April 21, 1988, levied five counts against Orkin, centering on failures to adhere to the labeling requirements for Vikane. These failures, prosecutors argued, directly contributed to the fatal exposure. Orkin opted to submit the case for judgment by a judge, foregoing a jury trial. On August 8, 1988, the company was found guilty on one count, specifically violating Section 12(a)(2)(G) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) – a statute designed to ensure the safe use of pesticides.
Legal Ramifications & Sentencing
The sentencing phase, held on November 17, 1988, saw Judge Robert J. Grey impose a hefty fine of $500,000, with $150,000 suspended. Crucially, the judge determined that the violation had resulted in deaths, leading to an increased penalty under the Alternative Fines Act (18 U.S.C. 3623). Beyond the financial penalty, Orkin was placed on a 24-month probation period and mandated to perform 2,000 hours of community service. The sentence was initially stayed pending appeal, but Orkin subsequently requested the appeal be dismissed on January 19, 1989, effectively solidifying the judgment.
The Vikane Incident & Regulatory Oversight
Vikane, a brand name for sulfuryl fluoride, is a highly toxic fumigant used to eradicate drywood termites and other pests. Its use requires strict adherence to safety protocols, including proper ventilation and monitoring, to prevent human exposure. The details surrounding the Galax incident revealed a breakdown in these protocols, leading to a lethal concentration of Vikane within the couple’s home. The case highlighted the dangers of improper pesticide application and the critical need for rigorous regulatory oversight of pest control companies.
A Pattern of Negligence?
While this case resulted in a conviction, it raised questions about the broader practices within Orkin at the time. The EPA’s involvement signaled a serious concern about systemic failures in the company’s handling of hazardous materials. Though Orkin has since implemented updated training and safety procedures, the Galax tragedy serves as a grim reminder of the potential consequences of negligence in the pest control industry.
Key Facts
- Defendant: Orkin Exterminating Company
- Crime: Misuse of pesticide (Vikane) leading to fatalities
- State: Virginia
- Year: 1989
- Statutes Violated: 7 U.S.C. 136j(a)(2)(G) & 7 U.S.C. 136l(b)(2) (FIFRA Sections 12(a)(2)(G) and 14(b)(2)), 18 U.S.C. 3623 (Alternative Fines Act)
- Penalty: $500,000 fine ($150,000 suspended), 24 months probation, 2,000 hours community service
- Incident Location: Galax, Virginia
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Source: EPA ECHO Enforcement Case Database
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