Company faces fine over death after bug spray.

Byline: Winston Ross The Register-Guard

FLORENCE - The U.S. Environmental Protection Agency is proposing a $4,550 fine against the Eugene pesticide company that sprayed the home of a Florence woman for bugs in 2005. The woman died after re-entering the house.

The agency issued an "administrative complaint" on Tuesday to which Swanson's Pest Management Inc. has 30 days to reply. The company can seek a settlement, respond to the agency's claims or pay the penalty. Reached by telephone, the company's operations manager didn't say which option Swanson's would choose.

"Those penalties aren't final," Joan Jensen said. "They are open to negotiation."

The agency alleges that on June 29, 2005, Swanson's illegally used two pesticides - Conquer Residential Insecticide Concentrate and ULD BP-100 Contact Insecticide - at the home of Florence and Fred Kolbeck. The company didn't properly ventilate the home, and used the Conquer improperly as a "space spray" and at nearly three times the allowable rate, according to a press release issued by the agency on Tuesday.

Kolbeck died after entering her home about 2' hours after the pesticides were applied. Seven other people, including the responding paramedics, suffered respiratory distress after they entered the home.

The agency also said Swanson's violated pesticide laws in another home earlier that day, though without adverse health effects.

That location wasn't specified in the release.

The EPA called the alleged violations "extremely serious" but said federal pesticide law limits the penalty it can seek to a maximum of $4,550.