# KOTHE, DONALD AND SHICKLEY AG SERVICE, INC.
> **Administrative - Formal** · FY1992 · — · Final Order With Penalty
## Case
- **Activity ID:** `44397`
- **Case Number:** 07-1992-0200
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $2K
- **Cost recovery:** $0
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- KOTHE, DONALD (complaint) (settlement)
- SHICKLEY AG SERVICE, INC.
## Summary

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.

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*