Probationary Licensing Terms for Alpine Helicopter Services, Inc.

In 2020, the Department of Pesticide Regulation (DPR) commenced simultaneous civil and administrative licensing enforcement actions against Alpine Helicopter Service, Inc. (Alpine) and its associated pilots based on three drift incidents in San Joaquin and Sacramento Counties, including one priority incident where Alpine drifted onto a nearby soccer field where children and families were present. In 2022, the Judge in the civil case, found that Alpine and its associated pilots violated numerous pesticide use laws and regulations and ordered Alpine to pay a civil penalty of $217,950.00 and to comply with significant injunctive terms for the next five years (see ENF 23-01 for a copy of the court order).

Recently, on June 5, 2023, DPR resolved its related administrative licensing action by placing Alpine’s pest control business license (PCM 30969), Joel C. Dozhier’s qualified applicator license and journeyman pilot certificate (QAL 100640 & JPC 76577), and William Heppe II’s journeyman pilot certificate (JPC 141409) on probation for the next four years. The signed Decision and Orders are enclosed. The probationary terms mirror the permanent injunction requirements ordered in the civil case, including the following requirements:

• Provide 48-hour advance notification of planned aerial pesticide applications to residences, schools and businesses (“sensitive sites”) within 1/4 mile of the application site. The notice must be manually provided in writing in both Spanish and English in the form of a door-hanger or by hand delivery. The notice must include the following information: date, time, and location of the anticipated application; the pesticide anticipated to be applied, including name of the product, EPA Registration number, and the active ingredient; the telephone number of the applicator; and the early signs and symptoms of exposure to the pesticide anticipated to be applied.
• Notify DPR and the local county agricultural commissioner’s office (CAC) at least 48 hours in advance of all aerial restricted material applications and of all aerial applications within 1/4 mile of a sensitive site (as defined in the Order) and include a copy of the notice provided to sensitive sites and a list of all sensitive sites notified.
• Notify DPR and the local CAC if the application did not commence within 96 hours of the application’s intended start date. If the application did not commence within 96 hours of the intended start date, Alpine must submit a new notice before the application may occur.
• For all aerial applications, have licensed spotters, on the ground at application sites, to ensure applications are being conducted lawfully.
• DPR is responsible for monitoring and assessing Alpine’s compliance with all the terms in the Decision and Order.

DPR wants to thank the San Joaquin, Sacramento, and Stanislaus CACs for their support and collaboration on this case. Their staff met at length with DPR and the Attorney General’s Office to provide insight and expertise and testified in support of our actions. Taking simultaneous civil and licensing enforcement actions was unprecedented for DPR and their support and collaboration was integral to the successful outcomes.

If you have any questions, contact the Enforcement Branch Liaison assigned to your county. Also, please notify your Enforcement Branch Liaison of any potential violations and incidents involving Alpine at your earliest convenience.

Sincerely,