Preliminary Injunction Against Alpine Helicopter Service (PCM 30969)

On October 30, 2020, the Department of Pesticide Regulation (DPR) and the Attorney General’s Office (AGO) initiated a civil penalty action against Alpine Helicopter Service. Alpine Helicopter Service performs aerial pesticide applications for agricultural and public health purposes. It primarily operates in Northern/Central California and has a history of violations in the following counties: Amador, Napa, Sacramento, San Joaquin, Santa Clara, and Stanislaus. On April 28, 2021, a San Joaquin Superior Court Judge granted the DPR and AGO’s motion for a Preliminary Injunction against Alpine Helicopter Service (PCM 30969) and its designated qualified applicator Joel C. Dozhier (QAL 100640). In granting the Preliminary Injunction, the Court ordered Alpine Helicopter Service to take additional precautions, above and beyond those already in law, when making aerial pest control applications. These terms will be in effect until the Judge issues a verdict in DPR and the AGO’s civil penalty enforcement action later this fall.

In accordance with the Preliminary Injunction, Alpine Helicopter Service must:

1. Provide 48 hour notice to DPR prior to every pesticide application. Among other items, the notice must include the pesticide to be applied, the date and approximate time the application is to commence, and whether any portion of the target treatment area is within 500 feet of a sensitive site, as defined by the Proposed Order.
2. Have a spotter with a valid Qualified Applicator Certificate issued by DPR for every aerial pesticide application. The spotter must submit a signed statement, within 72 hours of the application’s completion, to the local CAC office and DPR certifying that the spotter observed the entire application and whether the spotter observed any pesticide drift.
3. Not commence a pesticide application until an employee from the local CAC office is present, if the CAC informs Alpine Helicopter Service that it would like to observe the application at least 24 hours prior to the application commencing. This does not require the CAC to give notice prior to performing an inspection; it just requires Alpine Helicopter Service to not commence an application if the CAC provides notice.
4. Use GPS software to record the application path and maintain the native log file for inspection by DPR, the AGO, the local CAC, or the local District Attorney’s Office.

The Proposed Order fully outlining the preliminary injunction terms is enclosed. These terms will likely go into effect next week.

Once these terms become effective, DPR will forward any notices it receives to the respective CAC via email. DPR is particularly concerned about any restricted material applications or applications made within 500 feet of a sensitive site, as defined by the Proposed Order, as these applications have greater potential to negatively impact California’s people and environment and are relevant to why DPR was compelled to initiate this enforcement action. DPR Enforcement staff may reach out to individual counties to coordinate inspections of particular applications of concern and interest. DPR also requests CACs provide oversight of all applications by Alpine Helicopter Service to the extent feasible and to notify your Enforcement Branch Liaison of any potential violations at your earliest convenience.

Sincerely,