How many complaints and lawsuits involving Terminix have been filed in New York? How does the State of New York rate as a public agency in providing information to the public and in their own knowledge of the pest control companies spraying toxic chemicals in homes, businesses, and schools?

The following questions were asked in an e-mail letter February 27, 1999, to the State of New York:

• What is the name and address of New York’s pest inspection/pest control licensing and regulating agency?
• How many years does New York’s licensing and regulating agency maintain records of complaints against pest control/pest inspection companies?
• How many Terminix branches are currently operating in New York?
• In New York, does each Terminix branch operate under a separate license or do the Terminix branches operate under one license?
• How many complaints, if any, have been filed in New York against Terminix International (and its aka’s); including the nature of the complaints, name and location of Terminix branch involved; and disposition of complaints (dismissed, settled, fine, suspended or revoked license, probation, etc.)?

To date, there has been no response. Based on the lawsuits shown below, it appears there are Terminix/Terminex branches operating in New York and many dissatisfied customers.

Trimper vs. Terminix.  $215,000,000 civil suit against Terminix. “2 dead, 3 injured, 3 years homeless” as a result of Dursban misapplication.

Tyler vs. Terminix. Family forced to move from home after mother and daughter became ill after pesticide spraying.  “We never went to trial with Terminix.  We settled because our lawyers told us we’d go bankrupt trying to pay them their expenses.  It’s a no-win situation when you try to win a case against a multi-million dollar company. Terminix never admitted any guilt in our case against them.

1992 -- New York Settlement: $50,000 Penalty. In 1992, Terminix entered into a consent decree with New York concerning allegations including application of pesticides by a non-certified applicator, failure to warn homeowners of attendant dangers, failure to maintain proper records, and operating commercial pesticide application businesses within the State without proper registration. Terminix paid a $50,000 penalty and amended its business practices.

February 9, 1999 -- Petition to Intervene, Case No. R4-1977-97-05.  The New York State Department of Environmental Conservation ("Department") Region 4 Staff ("Staff") commenced the instant civil administrative enforcement proceeding against The Terminix International Company, L.P. ("Respondent"), for alleged violations of Article 33 of the New York State Environmental Conservation Law ("ECL"), and 6 NYCRR Part 325 et seq., related to applications of pesticide at a residence....

August 17, 2000 -- Order on Consent, R4-1977-97-05.  Terminix finally conceded to the state of New York's mandate to clean up their mess at 1033 Day Road, Rotterdam, New York, as a result of two pesticide misapplications in April and August 1996.  In addition to the cost of the remediation, the State of New York fined Terminix $11,000 civil penalty. “No admission of liability or guilt...”

April 10, 2001 -- “Former Terminix Employee Pleads Guilty -- Falsification of Pesticide Application Records at Mineola Office Leads to Conviction of Employee”; NY Attorney General’s Office Press Release.  Attorney General Eliot Spitzer and State Department of Environmental Conservation (DEC) Commissioner Erin M. Crotty today announced the guilty plea of Luis Batres, a former service manager of the Terminix International Company for his role in covering up the company’s cheating of thousands of customers by applying insufficient amounts of termite pesticides. Batres was fined $1,000 and given a conditional discharge by Nassau County Court Judge Lea Ruskin.  He is the second Terminix employee convicted of falsifying records at the Mineola office.  In December 2000, Schaefer pleaded guilty in Nassau County Court to Falsifying Business Records in the First Degree, an E felony, and was sentenced to a conditional discharge.

“Thousands of customers cheated = $1,000 fine against an EMPLOYEE!”

May 24, 2001 -- Complaint filed by Terminix International against Erin M. Crotty (Department of Environmental Conservation Commissioner), et al. and an Amended Complaint on July 11, 2001, seeking declaratory and injunctive relief based on federal preemption of a purported DEC requirement. The requirement mandates that applicators, including Terminix, apply pesticides only at the full rate permitted by labeling (i.e., the full label rate) for post-construction treatments, unless DEC grants permission for use “in amounts or dosages below the ranges specified on the labels.”

September 23, 2003 -- Attorney General Press Release, “Terminix to Pay $759,000 for Environmental Violations; Company Also Violated Consumer Protection Laws”:

Attorney General Eliot Spitzer and Department of Environmental Conservation Commissioner Erin Crotty today announced that a state court judge approved an agreement with Terminix International Co., L.P. to settle claims that the company violated state environmental and consumer protection laws.  A state investigation last year of Terminix's implementation of its "Sentricon System," a termite control product, found that many Terminix customers did not receive all of the product monitoring required in customer contracts. An investigation several years ago found that Terminix employees improperly applied other types of pesticides and falsified records to cover up their actions.

"Pesticides -- which are often very toxic -- must be applied in the most effective and least harmful way," said Attorney General Spitzer. "This protects public health, the environment and consumers. Companies that fail to adhere to the law cheat their customers and create potential health and environmental hazards. My office will continue working with the Department of Environmental Conservation to prosecute such violations."

DEC Commissioner Crotty said: "Improperly handling pesticides, or any toxic material, can have long-term negative impacts on the environment and public health. It is critical that consumers receive accurate information and that companies respect the laws to ensure that pesticides are used properly and in the safest possible manner. DEC will continue to work with the Attorney General's office and our other partners at all levels of government to protect New York's citizens and natural resources."

Customers using the Sentricon System, a product Dow AgroSciences licenses to pesticide applicators such as Terminix, typically enter into contracts of one year or more with the licensed applicator. This "integrated management system" requires monitoring for the presence of termites at bait stations surrounding the home, insertion of the pesticide in tubes only at stations in which termite activity has been found during monitoring, and further inspection, monitoring, and management of the bait stations during the life of the contract.

An analysis last year of files from the company's records of consumers of Terminix's termite control services, which utilized Dow AgroSciences LLC Sentricon Colony Elimination System, revealed that a majority of customers serviced by the company's offices in Albany, White Plains, and Mineola did not receive all of the services they paid for.

Terminix's failure to follow the requirements of the Sentricon System label is a violation of state environmental laws governing the use of pesticides, as well as consumer protection laws that prohibit deceptive acts and practices in the conduct of any business. Terminix also failed to follow label directions of the pesticide know as "Recruit," containing the active ingredient hexaflumuron, which is a component of the Sentricon System.

The investigation last year followed a 1999 investigation by the Attorney General's Office and the Department of Environmental Conservation that found Terminix did not follow label instructions when applying liquid pesticides, and that employees falsified records to cover it up. In December 2000 and April 2001, two employees from Terminix's Mineola office pled guilty to crimes of falsification of business records and participation in a scheme to defraud.

Under the settlement terms, Terminix will pay $759,000 to resolve all the state's civil claims arising from these investigations. Terminix will also dismiss its appeal of two unsuccessful lawsuits it brought against the state to stop the state's investigation.

Today's settlement resolves only the most recent of many enforcement actions against Terminix.  In 1992, Terminix paid the state $50,000 to resolve allegations concerning application of pesticides by a non-certified applicator, failing to warn homeowners of possible pesticide dangers, and failing to maintain proper records and to register several business offices. Terminix has also entered into settlements with the states of Connecticut, Kentucky, Pennsylvania, and Florida for other pesticide application violations (see attachment for summary of these enforcement actions).

The case was handled in the Attorney General's office by Assistant Attorneys General Philip Bein, Maureen Leary, Lemuel M. Srolovic and Robert Vawter and Environmental Science Aide Christine Primi and in DEC by Nat Barber of the Environmental Enforcement Division, Regional Attorney Karen Murphy, Bureau of Environmental Conservation Investigations Investigator Richard Maggio and Regional Pesticide Control Specialist Vincent Palmer.