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ODA finalizes regulatory action against Applebee Aviation

August 25, 2016… The Oregon Department of Agriculture has issued its final order in a contested case proceeding involving Applebee Aviation, a commercial pesticide operator based in Banks, Oregon. In the final order signed by ODA Director Katy Coba, the company faces a civil penalty in the amount of $43,552 and a one-year revocation of its license. In addition, company owner Michael Applebee has been issued a civil penalty in the amount of $10,000 as well as a one-year revocation of his commercial pesticide applicator’s license.

ODA’s final order upholds the recommendations of an administrative law judge who had heard the appeal by Applebee Aviation earlier this year.

ODA originally suspended Applebee Aviation’s license on September 25, 2015 for performing aerial herbicide application activities in a faulty, careless, or negligent manner. However, Applebee continued to conduct application activities despite the suspended license. After examining Applebee’s pesticide application records, ODA discovered there had been 16 separate applications performed by the company in violation of its suspended license with four applications found to be cases of gross negligence.

Even though Michael Applebee did not conduct any of the applications, ODA has moved to suspend his applicator’s license and issue a civil penalty because of his role in making the decision to conduct application activities despite the suspended operator’s license.

ODA’s final order, which was carefully considered in consultation with the Oregon Department of Justice, concludes the contested case process and finalizes the agency’s regulatory action taken against Applebee for last year’s violations.

For more information, contact Bruce Pokarney at (503) 986-4559.

Michael L Odenthal
Lead Pesticide Investigator
Oregon Dept. of Agriculture Pesticides Program
635 Capitol St NE
Salem, OR 97301
503-986-4655
modenthal@oda.state.or.us

Need for Continued Monitoring of Aircraft Activities at Apple Valley Airport

We need to continue to send in complaint forms and go to County Commissioners with any problems caused by any non-permitted activity at Apple Valley Airport as Land Use Code violations. We need to keep a record of Applebee Aviation’s code violations to submit to Washington County when the review of conditions approval for Apple Valley Airport comes up in 2017. We also need to report noise complaints for helicopter activity associated with Apple Valley Airport.  Please e-mail us a record of the action you have taken.  Reporting each incident to the proper authorities will help and sending us an e-copy will help.

buildings

 

NEW REPORTING PROCEDURES
go to Oregon Aviation Watch 
http://www.oregonaviationwatch.org

APPLEBEE CAUGHT RED HANDED

Applebee Aviation has poisoned one of its employee who drove the pesticide trucks that carry the deadly toxic spray that Applebee spreads all over our private forests. THIS IS US FOLKS!  No arial spraying is allowed on federal forest because they knew long ago that the arial spraying was causing a poisonous drift of mist and water for many miles into streams, over farms and schools, and contaminating water sheds.  Wild life and our pure sources of water are being poisoned by a concoction of atrazine, 2,4-d, (agent orange) glyphosate (which has just been listed as a cancer causing agent) and other toxic agents.

Please read Darryl Ive’s horrific story of serious illness and hospitalization after being sprayed by Applebee’s helicopter pilots with toxic weed killers.  Darryl has over 200 videos. Oregonian’s courageous reporter Rob Davis reported on this May 22 2015 with the headline “Whistleblower videos reveal helicopter spraying workers with weed killers”

http://www.oregonlive.com/environment/index.ssf/2015/05/whistleblower_videos_reveal_he.html

I attended the panel discussion put on by Beyond Toxics on Aug 12th 2015 in Astoria. Please check their web site!  (http://www.beyondtoxics.org/about/) I listened to the terrifying stories of sickness and death that has occurred to people, their pets and livestock. There is death and disappearance of wildlife in areas that have been sprayed.  

Some of us have been and continue to work on legislation to stop this practice. Last session of the legislature was run by the polluters.  Please help us keep up the pressure by contacting our area Representative Deborah Boone and Senator Betsy Johnson.

BLM Investigates After Company Sprays Pesticide On Public Land Without License

The Bureau of Land Management has opened an internal investigation after the federal agency allowed an Oregon-based contractor to spray pesticides on public land without a valid license.

The spraying in early October prompted the Oregon Department of Agriculture to secure a restraining order to stop Applebee Aviation from operating while its license was suspended. ODA also fined Applebee Aviation $40,000.

The company’s license was suspended in late September after an investigation into the workplace exposure of Darryl Ivy. Ivy spent 17 days as a truck driver and pesticide handler for Applebee Aviation before providing hundreds of worksite photos and videos to the media and alleging the company’s pesticide operations endanger people and the environment…

Read the whole story here

Company Owner Claims He’s a Scapegoat After Record Fine

The Oregon Department of Agriculture on Thursday announced $180,000 in new fines and a five-year license suspension for a helicopter spraying company whose questionable practices were exposed by a whistleblower.

 The state agency, which enforces pesticide spraying laws, said it was fining Applebee Aviation $160,000 and its owner, Mike Applebee, another $20,000, for continuing to spray weed killers after the company’s license was suspended in September.

 The company sprayed herbicides 16 times while its license was suspended, a state investigation found, including two applications under contract for the Oregon Department of Forestry.

Read the whole story here

Oregon Judge Grounds Aerial Pesticide Sprayer After It Defies License Suspension

The Oregon Department of Agriculture secured a restraining order this week to stop a company from spraying pesticides commercially without a license.

Last month the agency fined Applebee Aviation $1,110 and immediately suspended its commercial license to apply pesticides after a former Applebee truck driver and pesticide handler sought emergency medical care for on-the-job chemical exposure. Oregon’s Occupational Safety and Health Division fined the company an additional $8,850. [more]

Read the whole story here… 

Compilation of Applebee Aviation Aircraft Crashes – 2006 to 2015

“In addition to the spraying license issues Applebee Aviation has recently experienced, this company has a poor track record with flight safety issues, as evidenced by the five helicopter crashes between May 19, 2006 and November 2, 2015. ” [Read more…]

Report Noise Complaints from Helicopter Activity

Noise Code Complaint Form

Use the Noise Code Complaint Form to make a complaint about loud helicopter noise caused by Applebee Aviation Aircraft.  Noise Code complaints are for any noise which unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any person of normal sensitivity in a noise sensitive dwelling.  This prohibition generally applies between the hours of 10:00 PM and 7:00 AM Monday through Saturday and all day on Sunday.  You can access this form using the link listed below:

http://www.co.washington.or.us/hhs/swr/regulatory/upload/noise-code-complaint-form-8-11fillable.pdf

You should use the following steps:

1. File a Noise Complaint Form with Washington County and make a copy to send to Mike Applebee’s attorney Rob Ireland. Contact him by mail, email, phone or fax.

Ireland & Ireland PC
9003 NW Highway 47
Forest Grove, OR 97116
503-324-1500
Fax 503-324-0720
rob@irelandpc.com

2. Keep a copy for your records and send David Bratton at ace@truckrate.com a copy.

Port of Portland Noise Complaint Hotline

Report low, loud noise aircraft incidents to the Port of Portland Noise complaint hotline at 1-800-938-6647 or 503-460-4100.  It is very important that we complain every time there is a problem.  In the past, a member of the staff called Mike Applebee to let him know of a complaint.  Your name and address will be kept private but they will want to know the area where the noise occurred.

Fly Neighborly Guide

Check the Fly Neighborly Guide, found at http://new.rotor.com/portals/1/Fly%202009.pdf

The Fly Neighborly Guide should be studied. It is a rather detailed document setting out specific ways to help with noise abatement caused by helicopters.  When filing complaints, you can use this guide to craft your complaint.

Land Use Code Violations at Apple Valley Airport

If you feel there are Land Use Code violations at Apple Valley, be sure to document them with dated photographs and contact us immediately. This means non-permitted activities occurring on Apple Valley Airport property are Land Use Code violations.

Use the Complaint Form for Alleged Violation of the Community Development to report the unpermitted activities at

http://www.co.washington.or.us/LUT/Divisions/CurrentPlanning/CodeCompliance/upload/Code-Violation-Complaint-Form-2012.pdf

1.File a Land Use Code Violation Complaint Form with Washington County and make a copy to send to Mike Applebee’s attorney Rob Ireland. Contact him by mail, email, phone or fax.

Ireland & Ireland PC
9003 NW Highway 47
Forest Grove, OR 97116
503-324-1500
Fax 503-324-0720
rob@irelandpc.com

2. Keep a copy for your records and send David Bratton at ace@truckrate.com a copy.

Non-Permitted Activities at Apple Valley Airport – Land Use Code Violations

The following activities should be reported as a Land Use Code Violations.

Flight Training. Though flight training has been prohibited by previous rulings, it still persists at Apple Valley. Flight training would be detected by lengthy hovering or flying up and down the runway for 10 or 15 minutes without flying off the property.

Fuel Storage. If there is any sign of a fuel truck on Apple Valley Airport property over night after Jan 20, 2007 Mike Applebee will be in violation of the deed restrictions on the property. Fuel Storage on the airport property should be reported immediately as all agriculture pesticides and petroleum products cannot be stored on the property after that date.

Sale of Aviation Equipment and Supplies. On a consignment basis, not his own aircraft.

Service Maintenance on Aircraft. For aircraft not owned by Apple Valley Aviation.

Refueling Services for other Aircraft. For aircraft not owned by Apple Valley Aviation.

Aerial Surveying and Photography. Difficult to determine.

Check out what Mike Applebee is advertising on his web site at http://www.applebeeaviation.com/about/

Who to Contact – Local, State, Federal Officials

Contact any of the following to voice your concerns regarding the expansion at Apple Valley Airport and other air traffic related issues. We must be very vocal but polite. If we are rude we will only get dismissed.  We want to be heard.

Banks City Hall
13680 NW Main Street
Banks, Oregon 97106
503-324-5112

Washington County Commissioners – Andy Duyck (Chair), Roy Rogers (Vice Chair), Greg Malinowski, Dick Schouten, Bob Terry

155 N First Avenue, Suite 300
Hillsboro, Oregon 97124
503-846-8681
cao@co.washington.or.us

Representative Deborah Boone
900 Court St. NE H-375
Salem, Oregon 97301
rep.deborahboone@state.or.us
1-503-986-1432

Senator Betsy Johnson
900 Court St. NE S-314
Salem, Oregon 97301
sen.betsyjohnson@state.or.us
1-503-986-1716

Governor Kate Brown
State Capitol Building
900 Court St. NE, 160
Salem, Oregon 97301
1-503-378-4582

Representative Suzanne Bonamici
13575 SW Millikan Way
Beaverton, OR 97005
Phone: 503-574-4062
OR01SBIMA@mail.house.gov

Senator Ron Wyden
700 NE Multnomah, Suite 450
Portland, Oregon 97232
http://wyden.senate.gov/contact/
503-326-7525

Senator Jeff Merkley
One World Trade Center
121 Salmon, Suite 1250
Portland, Oregon 97204
503-326-3386
http://merkley.senate.gov/contact/contact.cfm

Federal Aviation Admin (FAA)
Flight Standards District Office
3180 NW 229th Ave
Hillsboro, OR 97124
503-615-3200

We are extremely grateful for all the pro bono work that Ed Sullivan and Carrie Richter with GSB, Ben Schonberger with Winter Brook Planning, and our Engineer Tom Sisul have donated to us.

flooding


Watch this 2:37 video showing the flooding

Why the local community should be concerned about Apple Valley Airport activities:

Environmental Degradation

  • Fuel Tank/Hazardous Chemicals would be located in 100 yr. floodplain (This property has flooded often in last 10 years).
  • Lead-based fuel is toxic in even small doses.
  • Rural Natural Resources Plan designates this property at a “Significant Natural Resource” with high quality wildlife and wetland habitats on the West Fork of Dairy Creek and Hornshu Creek.

Increased Noise – added impacts on surrounding areas

  • Near-constant noise and reverberations in hillside and community areas affecting farms, homes, wildlife, schools, and parks.
  • Elementary School Reading and Learning Ability

flights over Banks and Buxton Schools

  • Farm and Livestock/Breeding Operations, resulting in financial loss.
  • Personal Health/Welfare

Disturbed or deprived sleep, rest, and relaxation

Interference with performing complicated tasks

Speech and communications interference

Reduced privacy

Wildlife Disturbances

  • This property is considered a “Significant Natural Resource” protecting water area, wetlands, fish and wildlife habitat.
  • Linear Trail and State Park User’s “quality of outdoor recreational experience”
  • Contamination of the West Fork of Dairy Creek.

Decrease in Property Values

  • Loss of up to 40% in property values.

Security and Safety

  • Aircraft Crashes- Property damage and/or fire in residential, farming and heavily forested lands.
  • Volatile Fuel Handling- Leaded fuel spills and fire.
  • Limited FAA Oversight of maintaining an adequate Onsite Response Plan/Equipment.
  • Department of Homeland Security cites serious security concerns about small commercial airports.
  • Fire Danger.
  • Traffic hazards on Highway 26 and Highway 47.

Why a Local Community Member is Concerned – Airport Noise Extends Beyond Buxton

On July 20, 2005, the Forest Grove News Times published this guest editorial by NAAVE member Barry Vandehey…

Anyone interested in preserving the peaceful environment of western Washington County from the noise and hazards of a commercial airport needs to attend an upcoming community meeting. Some information has been written lately in the local papers about the planned expansion of the Apple Valley Airport in Buxton, but not much has been said about how it will affect more than just the residents of the Buxton community. With the planned helicopter flight training and sightseeing flights, anyone in the flight path of Hagg Lake, the [old] Flying M Ranch, Mount St. Helens, or anywhere for that matter, will have to put up with the noise of helicopters and the danger of student pilots. Anyone that has heard or been around helicopters knows that they are a great deal noisier than airplanes. The only limitation to the number of aircraft or helicopters that Apple Valley Airport can have is however many they can put there, and with over 40 acres, you pick a number.

But noise is not the only issue, as the new owner wants to put on-site fueling tanks to attract more air traffic to this quiet country community. And all this on a piece of property that is zoned EFC (exclusive forest conservation) and AF 20, and is also 100 percent in a flood plain that borders Dairy Creek. Now, anyone who lives in Washington County knows that with zoning like that, one would be hard-pressed to get a permit to build a dog house. Yet this guy wants to have a commercial airport, with a jet fuel storage depot there. If he is successful, however, it will not stop there. A few years ago, lawmakers legally, but under the radar (a little airport lingo there), adopted a bill to grandfather in most existing airstrips and allow them to expand into larger airports with few restrictions. It’s not just people who live next to an established air strip who will be affected, so anyone who wants to protect the investment of their home and the livability of their community needs to get involved and stop this expansion of the Apple Valley Airport. We did not move next to an airport and then complain about all the dangers and noise. Instead, a commercial airport is about to disrupt the quiet community of Buxton and beyond. If this expansion is not stopped, one will likely be coming to a community near you in the future…Barry Vandehey lives in Banks.

© 2002-2005 Forest Grove News Times & CNI. All rights reserved.

Copyright © 2005-2013 NAAVE All rights reserved.