Stuart Leve, of Stuart Leve Inc., was given the maximum possible fine of $100 for each of the 123 violations for sending ash trees in two shipments to Maryland, said Sara Linsmeier-Wurfel, a spokeswoman for the Michigan Department of Agriculture.
The Oakland County district judge also ordered Leve to perform 200 hours of community service, working with local agencies to remove ash trees killed by the pest.
Leve has already paid $60,000 in restitution to the Maryland nursery, the value of ash trees sent to the farm and the value of other ash trees destroyed of their proximity to the Michigan shipments.
Leve may also have to pay restitution to the Maryland Department of Agriculture if the department could document the resources it dedicated to monitoring and surveying trees because of this case.
Leve pleaded no contest in December to 123 charges connected to violations of the state’s quarantine. A no contest plea is not an admission of guilt, but is treated as such for sentencing purposes.
Under the quarantine, it is illegal to move ash trees, branches, lumber and other materials from the designated counties unless chipped to one inch in diameter. Firewood from any species within the 13 Michigan counties (Genesee, Ingham, Jackson, Lapeer, Lenawee, Shiawassee, St. Clair, Livingston, Macomb, Monroe, Oakland, Washtenaw and Wayne) is banned from movement.
The first ash borers in Michigan were discovered in May 2002. To date, EAB has killed about 6 million of Michigan’s estimated 700 million ash trees.
Michigan officials have spent more than $14 million and destroyed 40,000 tons of ash trees. Michigan’s congressional delegation and Governor Jennifer Granholm are asking the federal government for $42 million to eradicate EAB over the next year.
