The state Department of Environmental Conservation has issued a consent order against the county for improperly using an insecticide in connection with a flying ant infestation at the Department of Motor Vehicles last summer.

A county maintenance employee sprayed an aerosol can that should not have been in used under DEC regulations, said county Legislature Chairman George Fearon. The situation caused a shutdown of the DMV for few days in July, and one employee had to be treated for minor sickness.

The state originally fined the county $7,500, but lowered that to $2,500, said county legislator Steve Cuddeback, who chairs the Legislature's Public Works Committee. In addition to the penalty, the county had to spend a little more than $4,800 for remediation to the DMV office.

The Legislature will vote on paying both the fine and the remediation fee at its meeting on Tuesday.

Fearon said the aerosol spray should no longer have been available for anyone to use. The county has since taken a thorough inventory of materials to make sure it has nothing that can't be used.

In addition, the county has established a policy to use a licensed contractor to handle similar situations.

Neither Fearon nor Cuddeback were sure what type of insecticide was used, but Cuddeback said it was something that at one time was not subject to the same regulations.

“It is frustrating but there's no way around it,” Cuddeback said. “Obviously the fines are absurd if they're willing to waive $5,000 of it.”

Fearon said he did not have a problem with the DEC issuing a penalty.

“The regulations are there to protect the public,” he said.