Introduction

This article examines Georgia statutes concerning the Georgia Structural Pest Control Act in the context of chemical application and containment.

Scenario

A pest control company treats a residence on Northside Drive in Macon, Georgia, for termites. During the application process, pesticide chemicals seep through the soil and contaminate the neighboring property’s vegetable garden. The neighbor’s plants die, and soil testing reveals dangerous levels of pesticide residue. The pest control technician had applied excessive amounts of chemical treatment beyond manufacturer recommendations.

Georgia Law

Georgia Structural Pest Control Act

Georgia Code § 2-7-91: “It shall be unlawful for any person to engage in the business of structural pest control without having a valid license issued by the Commissioner in one or more of the classified categories of structural pest control, or to advertise as or assume to act as a structural pest control operator without having such a valid license.”

Pesticide Application Standards

Georgia Code § 2-7-94: “The Commissioner shall have the authority to establish, by regulation, standards for the application of pesticides and devices, including but not limited to standards for application procedures, equipment, personnel, and record keeping. Any person who violates any such regulation shall be guilty of a misdemeanor.”

Environmental Contamination

Georgia Code § 12-8-94: “Any person who causes any hazardous waste or hazardous substance to be discharged to the land or waters of the state, unless such discharge is made pursuant to and in compliance with a permit issued by the director, shall be strictly liable for the costs of cleanup.”

General Duty of Care

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Conclusion

The scenario describes chemical contamination from pest control treatment in Macon, Georgia. Georgia Code § 2-7-91 requires pest control licensing. Georgia Code § 2-7-94 authorizes application standards. Georgia Code § 12-8-94 addresses environmental contamination liability. These statutes establish the framework for pest control company liability under Georgia law.

FAQ

Q: What does Georgia Code § 2-7-91 require? A: Georgia Code § 2-7-91 makes it “unlawful for any person to engage in the business of structural pest control without having a valid license issued by the Commissioner.”

Q: What authority does Georgia Code § 2-7-94 grant? A: Georgia Code § 2-7-94 authorizes the Commissioner to “establish, by regulation, standards for the application of pesticides and devices.”

Q: What liability exists under Georgia Code § 12-8-94? A: Georgia Code § 12-8-94 creates strict liability for anyone who “causes any hazardous waste or hazardous substance to be discharged to the land or waters of the state.”

Q: Where are pest control regulations found in the Georgia Code? A: Pest control regulations are found in Georgia Code Title 2, Chapter 7.

Q: Does Georgia Code § 51-1-2 apply to pest control companies? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.