Winona ? The chairman of the Logan County Commission will receive a warning – but no fine – for illegally setting out prairie dog poison earlier this year on land he farms.

The Kansas Department of Agriculture said last week that Commissioner Doug Mackley violated the law and could face prosecution by the federal Environmental Protection Agency if he does it again. But a spokeswoman said he likely got the message without additional state penalties.

“We do try to educate and warn before we fine,” said spokeswoman Carole Jordan.

Mackley, who admitted to The Hays Daily News in March that he used the poison, called Rozol, past its legal date, welcomed the decision.

“Well, great,” he said.

Lillian and Donald Becker, adjacent landowners who filed the complaint against Mackley, were less pleased.

They noted that Mackley was well aware that he was improperly using the poison as the commission had asked the state for an extension on the use of Rozol because of the harsh winter but was turned down.

“If he got told no, he is educated,” Lillian Becker said.

Mackley told the paper he set out the Rozol on March 26, 11 days later than allowed under federal law. He said he wanted to plant no-till corn on his property and didn’t want to see it damaged by prairie dogs.

The Logan County Commission has sued a number of landowners, including the Beckers, seeking an injunction that would force them to remove cattle from certain fields so the county can go in and lay out prairie dog poison. Rozol can’t be used near grazing cattle.

The Beckers said about “70 percent” of their prairie dog problems disappeared after they bought adjacent land that had been infested with prairie dogs but the owners hadn’t done anything to combat the problem. They said they’ve been targeted because their land sits along a highway and the prairie dogs are more visible.