Free Motion for Discovery - District Court of Federal Claims - federal


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Case 1:05-cv-01020-MMS

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The final consideration here Is the treatment of masonry wall voids.

Masonry vails of block, brick, stone,, tile

or other masonry materials have voids in the materials

themselves or voids that are created in the mortar bonds from settling, shrinkage, etc.
Cracks or voids in

masonry walls provide termites with ready, hidden access
to wooden building

.members.

The principle reason for

treating foundation voids is to place the chemical, so it
can seep through cracks or voids to the top of the

footing.

This prevents the termites from entering via

the faults or voids.

Basically, this^ treatment iis

administered by drilling holes into each void of blocks

or about every 18" of bricks or into the top of a crack
in a masonry wall, and then pumping insecticide into the

drill hole so it can seep downward.

Generally, it is
After

adviseable to drill holes just above grade.

application of the pesticide, the drill holes and cracks
are sealed with mortar-

The reader should bear in mind that the preceding discussion of methods of application is merely a summary. The NPCA manual contains

great detail about the variations that may be encountered with the
numerous existing construction techniques and the accompanying

intricacies of treating each.

The NPCA manual is an invaluable

source,

if more information is required-

Application rates are summarized in
This too, should be considered as

another portion of this document.

summary discussion.

EPA Index entries for aldrin and ehlordane are

23

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the rod to the footing.

Often the pumping is concurrent

with driving the rod to aid in penetration.

Less

commonly now, solid rods are driven down to about the
footing, removed, and the pesticide is applied to the resulting holes*
The inside of foundation walls is
This is especially true if

sometimes treated by rodding.
concrete floors cover the soil.

Holes are drilled

through the concrete floor at one foot intervals -along
the wall and at a distance of 8-12 inches from the wall.
The grouting rod is then driven into the soil below the
concrete floor-

Treatment around supporting piers, chimney bases,
plumbing, electrical conduits etc., may be done either by trenching or rodding as described above.

It is necessary

that the amount of chemical be sufficient to reach down and laterally as far as may be necessary to preclude
access by termites-

Treatment of fill under filled porches,

terraces .and slab

entry platforms can be accomplished by tunneling or by

drilling, then injecting or spraying the pesticide.

For

purposes of inspection and, or treatment, an opening is
made in the side of a porch or terrace, then soil is
excavated from along the outside wall of the foundation.
This practice breaks any soil-wood contact, allows

inspection for termite activity and also provides space
for a trench type treatment if necessary.

Alternatively,

the slab may be drilled vertically or the sides may be
drilled horizontally and the material pumped into the

fill under the slab or inside the porch.

^7

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as to

slope towards the foundation wall and the top of
Where the tops of footings are too deep to

the footing.

be easily reached via trenching, a combination of

trenching and grouting or rodding is used to apply the
chemical to the tops of footings.
After a trench is

prepared, the chemical is poured, in specified amounts, along the bottom of the trench.
A layer of fill is

replaced, then there is another chemical application, a
layer of fill, another application, etc.

An applicator

should follow specific label directions to obtain proper

treatment.

In certain special cases, 'such as near

a

well

or cistern, the back fill may be treated elsewhere and
returned to the trench.

In lighter soils or along rock

ledges, the trench may first be lined with a heavy

polyethylene film to prevent the leaching of the
pesticide away from the trench and foundation.

\
i

Treatment along the inside of foundation walls is
basically similar to the trenching done for treatment
outside the walls*
The trenches need not be as extensive

in terms of depth and width.

In cases where the soil is

covered with concrete etc., rodding or grouting may be

necessary.
Grouting rods are designed to be pushed or driven into

the ground along a foundation.

The rod is placed about

one foot from the wall and driven on an angle to the top

of the footing.

The rod' is repeatedly driven into the

soil at one foot intervals and pesticide pumped through

Zfc

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PLATE X

Page 8 of 49

METHODS OF PESTICIDE TREATMENT

Figure 1. When treating a siab-wi-pround type house or a basement type house, drill holes through the floor along the exterior wall. inside partitions* and around pipes and other ooenines, and inject a shU ire.cciicide into the soil and nil beneath the stub. The soil along the exterior ot ihe foundation should also be treated.

-V-!

r ^^ ' t
AI
T,'

iaass^"

finished-,
grade

^y^t'-

rod^-.,

holtf^y: *,^

W
--TR5

^
.!

-^
-^~~~^.

--ifurring siripx

I

-finished cajling

&
^

paneling

rod
/'

hole

"*^

'ill

.^t.......

s>
?T1

^S?

^

/concrete

"at>
":::"::;..:-;:,/

Y

S;;

(^el

^

Ficure 2. When holes are bored in slabs they must be far enough froni
the waJI to miss the rooting.

Taken from: Termite Control in Existing Structures by F. Jones. Insects 3 File: Univ. Missouri Extension Div.

1977.

25-

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P:LATE

IX

^
EXPANSION
JOINT CONCRETE SLAB

^^ /A ^-O.0'
o-'-' o 0

^B-^'-.-O

<

0.^-

^

;:|:- GRAVEL FILL

SOIL

-"

INSECTICIDE
SOIL

B'.'- -. 0-.
o-fc

^".^'-o-'0 ..'o-

< o.-d--

Insecticide pretreatment for slab

on-ground-construction.

FOOTING

Insecticide treatment for houses with a basement.

Insecticide treatment for crawl space construction.

Taken from Controlling Termites, Bulletin 245 by F. Wood. 1979 Univ. MD., Coop. Ext. Serv.

^

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c.

Description of Application Techniques

This section on application techniques paraphrases the

1980 Approved Reference Procedures for

Subterranegin

Termite Control published by the National Pest Control

Association headquartered in Vienna, Virginia (NPCA,

1980)*

Before preceding further, however,- one should

note that existing labeling of pertinent compound used

for termite control contains application instructions
which are similar, but not always as extensive as that

provided by the NPCA.
Chemicals for control or prevention of termite

infestation can be utilized in three basic ways.

One is

for soil treatment, a second is for foundation treatment and a third is for wood treatment*

Only the soil

foundation treatments are being considered in this

report.

Basically, treatments are applied along the

outside of foundations; along the inside of foundations;
around the bases of supporting piers, chimney bases,

plumbing and conduits; under filled porches, entrances
and terraces; under floor structures resting on soil or

gravel fill; and exposed soil areas under.structures
see Plates IX and X for examples.

One commonly used method of treating inside or outside a
foundation is called trenching.

Usually the trench need

not be more than 8-12" wide and should penetrate the soil to the top of the footing.

The trench should be dug so

Z3

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building which has been treated is found to be infested
within one year of treatment, retreatment is

performed at

no cost to the owner.

Such guarantees are renewable

yearly for an annual fee.

These renewal agreements

provide for an annual inspection and retreatment, if

necessary.

In some cases, additional guarantees are offered.
Depending on the type of structure and the type of
treatment performed, the pest control firm may choose to

provide a guarantee of no further structural damage for a

one-year period.

These damage guarantees are available These

only if a retreatment guarantee Is in effect.

guarantees apply only to termite damage and commit; the pest control firm to repair all termite produced

structual damage.

This sort of guarantee is also

renewable on an annual basis.

Pest control firms provide
services.

two types of inspection

The first type relates to Inspection to

determine whether or not treatment is required.

If

treatment is required, the cost of inspection is included
in the treatment fee.

If the inspection is for

certification of pest-free status for a real estate sale

or transfer, a separate fee is charged to the seller.
Such inspections generally relate to the presence of all

wood destroying organisms, or to all structural pests,
not just to termites.

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il.

Commercial Control Services Using Termiticides

This section briefly describes the services provided by

commercial pest control firms engaged in termite control activities*
These services almost always include chemical treatment of soil to
eliminate or prevent termite infestation.

a.

Pre-treatment vs Remedial Treatment

Chemical control can be considered from two different

aspects.

One is pre-construction treatment or
The second is post-

prophylactic chemical treatment.

construction (remedial) treatment and is usually in

response to an identified infestation problem.

In either case, the methods of chemical application are

essentially the same.

Probably the most notable

exception is in regard to pre-eonstructlon procedures,
where there is total area treatment of soil to be covered

by concrete floors or slabs.

Total area treatment is not

possible after floor/slabs are poured.

As will Ie

discussed later, they can be treated in a different, more
labor intensive manner following construction.

b.

Description of Contracts, Guarantees and Inspections

Contracts for remedial treatment generally include a
retreatment quarantee for a period of one

year.

If a

Zi

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Good design practices:

1.

Foundations
a*

reinforce poured concrete to prevent cracks.

b*
c

cap hollow-block or brick,
use

pressure treated wooden piers or posts.

2. 3

Maintain adequate clearance between wood and soil"

Install proper ventilation under buildings with crawl
spaces*

Good construction practices also influence the probability of termite
infestation-

In particular, it is important to do the following:

1.

Remove all wood (stumps, roots, etc.) from the building
site prior to starting construction;

2.

Insure good site drainage;
Do not incorporate wood scraps into earth fill;

3.
i'

4.
5.

Remove grade stakes from concrete pans; and
Remove all wood scraps from the crawl space.

Plate VIII (see Chapter I) presented twenty faults of house construction
and maintenance that may lead to termite infestation.

ZO

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II.

THE CONTROL OF SUBTERRANEAN TERMITES IN NEW AND EXISTING STRUCTURES

A.

Techniques of Termite Control

Broadly speaking, there are two methods for preventing or

controlling termite infestation.
mechanical alteration.

The first method is often termed

Mechanical alteration entails such things as

construction sanitation of wood scraps, etc"; manipulation of micro

habitats by practices such as increased crawl space ventilation to
reduce ambient moisture levels; in a similar vein, grading to obtain

proper drainage and water disposal; and use of construction techniques
that do not allow wood-soil contacts*
The second method is chemical control.
Of itself, chemical control

can further be considered from two different aspects.

One is
The

pre-construction treatment or prophylactic chemical treatment.

second, obviously, is post-construction treatment and is usually in

response to an identified infestation problem.

i.

Passive Control-Design and Construction Techniques

Passive control measures cannot prevent termite attack but they can

lessen the probability of an infestation occurring.

Passive control

measures can be divided into good design practices and good construction

practices.

Both types of control measures are discussed in detail in
Their Identification),

Moore's

Wood-Inhabiting Insects in Houses:

Biology, Prevention and Control

(Moore, 1979).

The following section

will merely highlight the major points of the discussion in that

monograph.

/9

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registration (late 1979) from about June 1980 to December 1980.
Currently, the chlorpyrifos tenclticide Is about four times as expensive
as the chlorinated hydrocarbons, but it does provide an option to PCO*s
and their customers*

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From 1975 to 1976, Amvac Chemical Corporation was able to synthesize
aldrin for Tenninix from available

intermediates, but these materials
Currently,

eventually ran out and Amvac terminated this activity.

Tenninix relies on Shell International for its supply of technical

aldrin.

Tenninix imported aldrin in 1977 and

1978, but found

it

uneconomical to import it in 1979 and 1980.

Aldrin has been imported

again this year, and it is anticipated that it will have been used for 25

percent of the subsurface termiticide applications by the end of the

year
Of the other chemicals registered for use on subterranean termites,
with the exception of heptachlor little evidence of usage could be found.

Heptachlor is typically used in combination with chlordane (particularly

by Orkin Pest Control) and has limited use as a single active ingredient
tenniticide. Dieldrin was never used to any significant extent in the

past, primarily because of its high cost, and since Shell discontinued
domestic production, no current use whatever has been recorded.

The

major uses of lindane are as a seed treatment and for control of various species of wood inhabitating beetles, but a limited quantity is applied

for termite control by a few isolated independent PCO's (primarily in
t---.

t-'

California).

:^

Although registered to be used in the soil for controlling

subterranean termites,

pentachlorophenol (penta)

is

rarely applied

in

this manner.

Penta is used as a termiticide only for special

applications, such as wood impregnation when termites are associated with
decay.

A concentrated formulation of chlorpyrifos for subterranean

termite control has been developed by Dow Chemical

Company.

Although

registered with EPA in late 1980, the product has just recently been
introduced for the 1981 market season.

There was some use of

ehlorpyrifos for subterranean termites in California under a 24-C

/7

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establishments and public buildings.

Given the available

data, $753.4

million per annum appears to be the best available estimate of the

magnitude of the subterranean termite problem in the U.S.
Individual states are becoming more concerned with the potential

impact of termite damage and are doing more research on the subject.

The

Department of Entomology

at Texas A&M University is currently

investigating geographic distribution, species composition, frequency of
infestation and economic impact of termites in Texas.

A publication of

this study is anticipated to be available sometime in the Fall of 1981

(Granovsky, pers.

comm.

1981).

D,

Relative Importance of the Seven Registered Chemicals

For more than 25 years, foundations and soil beneath houses have
been treated with cyclodlene insecticides to eliminate existing

subterranean termite colonies and to prevent future infestation by this
pest.

Currently ehlordane is the most widely used insecticide
Prior to

for

subterranean termites, followed by heptachlor.

1974, ehlordane

competed closely with aldrin for the major share of the market (Hromada,

pers. comm. 1981).

Chlordane generally accounted for approximately 55

per cent of the market while aldrin accounted for about 40 percent.
remaining portion was primarily taken up by heptachlor.

The

Following EFA's
Shell Chemical

cancellation of most of the uses of aldrin and

dieldrin.

Company discontinued the manufacture and sale of both compounds.
Shell's major customers, Terminix, a major structural pest control
applicator, purchased the remaining supply of technical aldrin and

One of

continued to formulate aldrin insecticide products for about a year-

/(,

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records containing this type of information*

Given this problem, a value

for loss due to potential nationwide termite damage had to be constructed

by extrapolating the Smythe and Williams estimates using national survey
data on pesticide usage.
This data came from the EPA National Household which Indicated

Pesticide

Usage Study 1976-77 (EPA, 1979, p. 41)

frequency of termite treatments by EPA region throughout the U.S.

The

extrapolation (see Appendix A) resulted in an estimated 1.2 million
treatments of single family dwellings for subterranean termites being

performed in 1970, at a total cost of $260.3 million (1976 dollars).
Including an estimated $102.9 million (see Appendix A) for contract
renewal or damage insurance, raises the total national potential loss
estimate from termites in 1970 to $363,2 million. This estimate can be

further increased by adding an estimated $107.6 million (see Appendix A) for expense of damage repair done by someone other than the pest control

industry, bringing the total potential loss to $470.8 million.
This loss estimate is in 1976 dollars; it can be inflated to 1980
dollars using the Bureau of the Census New One Family Houses
Construction Cost Index

(Construction Review, 1981, p. 49),

Inflating by

this index produces a national potential loss estimate in 1980 dollars of

$753.4 million per annum.

The potential loss estimate presented here

would be increased significantly by adding losses in multifamily

dwellings, commercial establishments, public building and the major

growth .in housing
r''

stock,

between 1970 and 1980.

These national estimates

probably have an upward bias since they were developed by extrapolating
information for 11 southern high infestation states. This is no doubt

more than totally offset by the downward bias resulting from the
exclusion of potential losses in multifamily dwellings, commercial

/ff

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One measure of the cost the subterranean termite Imposes on the economy is the cost of termite control and damage prevention.
The amount

people are willing to spend to prevent possible termite damage represents
a lover bound estimate of their expectation of termite caused losses. a 1979

In

USDA report, Richard Smythe and Lonnie Williams used the state

records of a few states to estimate numbers of wood product insect
treatments during 1970 and their cost in

1976 dollars (Smythe and

Williams, 1979).

These estimates were for single family dwellings in 11

southern states located either in the high-hazard (very heavy. Plates I
and

II) area or bordering on it*

Only

a few of

the 11 states had files

containing sufficient information to allow their effective use.
The estimates derived by Smythe and Williams indicate that nearly

440,000

treatments for subterranean termites were performed in 1970.

Of

the total,

323,000 were remedial

treatments and

115,000 were preventive

or pretreatment.

In 1970, an estimated $130,2 million (1976 dollars) was

spent by owners of single dwelling homes to prevent and control
subterranean termite damage.
The costs incorporated into this estimate

include:

$79.4 million for remedial treatments, $13.8 million for

pretreatments and $37.0 million for contract renewal or damage insurance.
The cost estimate could be further increased by an estimated $38.6
million for expenses of damage repair done by someone other than the pest

control industry (Smythe and Williams, 1979, p. 9)What Smythe and Williams have estimated is a lower bound for the value of termite associated losses in 11 states located in the

high-hazard region.

In order to construct national estimates one would

really have to have similar data on treatment incidence and costs for the
remaining states.

Unfortunately, very few states maintain extensive

IH-

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AM)

TWENTY POINTS OF FAULTY HOME CONSTRUCTION
TO INFESTATION BY SUBTERRANEAN TERMITES.

MAINTENANCE THAT MAY LEAD

i. CACKS fOwoATfON warn moow fours of tNTIT FROM SOU TO SU. 7. fOSTS TNOUGM CONCKTE CONTACT WHH SUB> STIUCTUIAl SOIL. .WATCH 0001 fAMEf AMD (NTEUKO^ AIE SU^WIING fOSTS. 3. WOOO riAMiMG MtMJECS H CONTACT WITH CAKTWU UNOEX CONCICTC SLAB. TOM IO*DS IH riAcz coNTifun 10 TEKMHC
fOQO

M30TIMG TOO IOW 0 SOX. TWTOWM MiWST IT CAUSCS wooo.son. coNTAcr. Twe yicmo t wcHtl Of CICAN COMCKtTC ICTWtCH SOB. ANO MtB M.OCK. 11. STUCCO CA"lfO OOWM OVU CONCWTe fOW
SOU CONTACT.

&UPn.Y.

3. lEAKtNG "MS ANO iaH?W
MOISIUIE. EXCESS MtlCAnON HAi SAMC IFfECT. HOW THtOUGM VINTS. SM"UlieT MOCX1NO 7. OE&IIS AU^OIIS 1EWT( COIONT UNTK, LA*&1 ?CULAI10N AITACKS SUmTtUCTUIC. I. MtAriMS UWT ACCELflATU TIUMIIl DIVltOfMtW IT T(A1-
CONTACT wini SOIL su ANO/OX rosrs IS. WOOD SKWO AMO SKITINO fOM SOU, CONTACT. or 3 INCHES OEAXANCZ ICTWCB* SHOULO IE SKCtlMG AMD SOU. COWTACT WtTM SOTL AlSCi WATCH 1& roCM STCM KM tAOOEKS AMO OTHEK WOOOEN AWUTEN 14. MUD
AN)

OJICUlArfON.

Taken from:. W. Ebeling.
Sci.

Urban Entomology by 1978. Div. Agricult. Berkeley. Univ. Calif.

/^

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PLATS VII

^

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ft ;
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.

A

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A
E.

"^^^^ ^!:' ^"r \..

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BRICK

^ ^^^^^^//^^^
}^T < ,;
:==:?

'l1:''^1^ \ 4^ ^ ..' \fe^ ^
& .^y

^

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VENEER/^

^"^^-^:^'"',-j ^V CONCRETE ^ =: s^ .^ . INSULATION 1i '.^. "^giS ^ ^Sr l11^^^/^l^n^' 'y
^^
i^bj^l.;J. \^-;
n^
^.

c^ ^

GRADE

3L^rn'^a
,:'.
';

g^^

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a

,, 11.1

g X r

,;'--"^^ 1:/

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p,

f

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RIGID

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31-

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CON(=RETE SLA]B

^^\\\\^1^.==,|^

j.;^ -'l^'

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./,^olf?7^^

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^FOOTING

^^^^Ib^^^^^

^

^

SLAB.FLOOR CONSTRUCTION OF FRAME HOUSES
/2-

"^^^^

^

7

Scale:

HPCA

%

in.

1 ft.

10

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PLATE

YX
PARTmON-WAU. STUO-

C.

[o. '^^.b'./''^'-:'-o':' -'^'<-

p^///\W^ /^///^^v//^
CRUSHED-STONE CHAT
F1LI;

CONCReTE-BLOCX

FOUNDATION

^

INSULATION STRIP

GRADE

~-,

C1NOER-8LOCK FOUNDATION

//

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PLATE

V

. 1

SHEATHIN8 ---5

1
S101NQ

---^

j

^
1 B

^-STUO
JOIST-^
k

jl
Bt

C

\

^^

^SILL

"^' /^y>^^^

GRADE

'^^^^^^
W

< BRICK

FOUNDATION

'V

'^'^^

^^

BRICK BASEMENT FLOOR^

,

^^^^^^^A\<^
BASEMENT

^

BRICK FOUNDATION! AND BRICK

F^.OOR
/O

Scaie: 1 ft. 1 in.

NPCA

8

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Case 1:05-cv-01020-MMS

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PLATE

IV 17

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CONCRETE-BLOCK FOUNDATION WITH CELLAR WINDOW

6

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Case 1:05-cv-01020-MMS

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8

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show examples of termites ingress

(plates III

VII are adopted from

NPCA,

see Rambo in literature cited).

Termites feed on cellulosic portions of a number of plant materials.

In natural habitats this can be considered beneficial insofar as the
termites aid in the degradation of dead or dying plant materials to their

original elemental state.

On the other hand, when termites feed on

wooden, man-made structures, they become quite noisome/and must be
controlled.
Like most wood destroying insects, subterranean termites

primarily attack processed wood in use (Moore, 1979).

The damage caused

by wood destroying insects is responsible for major economic losses throughout the United States.
various species of wood

In addition to the termites, there are

inhabiting beetles, bees, ants and wasps in the

U.S. that damage wood in use; although the significance of the damage

fl^

they cause is well below that produced by subterranean termites.

Damage

caused by subterranean termites accounts for an estimated 95 percent of

all the termite damage in the U.S. (Moreland, 1981).

^"

E conomic

Cpns equenc es

Despite the need for economic data on the magnitude of the
subterranean termite problem nationally, no national data has been

compiled and published on the costs society has incurred as a result of
this pest.

A number of estimates of the annual national- cost, ostensibly

including both the loss due to termite damage and the cost of control,

appear in the literature.

These estimates range from $100 million

(Lund,

1967)

to $3.5 billion

(USDA, 1974).

However, Ebeling's

estimate of $500

million (Ebeling,

1968)

is the most frequently quoted figure.

7

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Case 1:05-cv-01020-MMS

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RELATIVE HAZARD OF TERMITE INFESTATION IN THE UNITED STATES AS INDICATED

BY THE DENSITY OF STIPPLING.

Taken from: Subterranean Termites, Their Prevention and Control in Buildings by H. Johnston at al. 1972. Home and Garden Bulletin No. 64. USDA U.S. Gov't. Printing Off.

C

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Case 1:05-cv-01020-MMS

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Case 1:05-cv-01020-MMS

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