Company that sprayed Layton home where girls died agrees to settlement

Published: Saturday, Aug. 21 2010 1:06 a.m. MDT

SALT LAKE CITY — A pest-control company that sprayed a Layton home where two young girls died earlier this year will pay fines and some of its employees will be placed on probation as part of a settlement agreement with the state.

The owner and six employees of Bountiful-based Bugman Pest and Lawn Inc. agreed to pay $46,800 and will serve a two-year probation period, the Utah Department of Agriculture and Food announced Friday.

Bugman will pay $30,000 of that fine. During the two-year probation, each employee is to annually attend 18 hours of pesticide applicator training, undergo a records audit and have no new violations of the Utah Pest Control Act.

In February, a Bugman employee treated a Layton home for a vole infestation. Rebecca Toone, 4, and her 15-month-old sister, Rachel, died three days later.

"We believe this settlement is fair and abides by the intent of the administrative code," said Clark Burgess, the department's pesticide program manager.

"I think this settlement sends a strong message to Utah pesticide companies, and the citizens of Utah, that pesticide laws must be respected and obeyed."

Cole Nocks, the employee who treated the home, is facing criminal charges.

Nocks has already given up his applicator license and has agreed to never reapply for a pesticide license in Utah.

"Mr. Nocks' financial and criminal accountability will be left to Layton city prosecutors," the Department of Agriculture and Food said in a news release.

— Aaron Falk

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