ON NOVEMBER 4, 1991 THE EPA FILED AN ADMINISTRATIVE COMPLAINT AGAINST RESPONDENT ALLEGING VIOLATIONS OF SECTION 12(A)(2)(G) AND 12(A)(2)(B) OF FIFRA AND PROPOSED A CIVIL PENALTY OF $5,000. RESPONDENT, DURING AN AERIAL APPLICATION OF PENNCAP-M (EPA REG. NO. 4581-292)_, A RESTRICTED PESTICIDE, THE PESTICIDE DRIFTED ONTO NEIGHBORING NON-TARGET PROPERTY. RESPONDENT ALSO USED A HUMAN FLAGGER DURING THE APPLICATION. BOTH OF THE ABOVE (DRIFT AND HUMAN FLAGGER) ARE CONTRARY TO LABEL DIRECTIONS. THE VIOLATION OCCURRED ON OR ABOUT JULY 23, 1990. THE INVESTIGATOR OF THE ALLEGED VIOLATIONS WAS DONE BY A RESPRESENTATIVE OF THE EPA ON AUGUST 8, 1990.