[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of certain local laws amending these provisions are included
at the end of this chapter.]
[Adopted 10-5-1999 by L.L. No. 34-1999 (Ch. 380, Art. I,
of the 1985 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Disinfectants intended to destroy or irreversibly inactivate
infectious or other undesirable bacteria, pathogenic fungi or viruses
on surfaces or inanimate objects.
Sanitizers intended to reduce the number of living bacteria
or viable virus particles on inanimate surfaces, in water or in air.
Bacteriostats intended to inhibit the growth of bacteria in
the presence of moisture.
Sterilizers intended to destroy viruses and all living bacteria,
fungi and their spores on inanimate surfaces.
[Amended 2-29-2000 by Res. No. 45-2000]
Fungicides and fungistats intended to inhibit the growth of,
or destroy, fungi (including yeasts) pathogenic to man or other animals
on inanimate surfaces.
Commodity preservatives and protectants to inhibit the growth
of or destroy bacteria in or on raw materials (such as adhesives and
plastics) used in manufacturing or manufactured procedures (such as
fuel, textiles, lubricants and paints), but not in the pulp and paper
process or cooling towers.
Any insect, rodent, fungus or weed.
Any other form of terrestrial or aquatic or animal life or virus,
bacteria or other microorganism (except viruses, bacteria or other
microorganisms on or in living man or other living animals) which
the Commissioner of the New York State Department of Environmental
Conservation declares to be a pest.
Any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating any pest.
Any substance or mixture of substances intended for use as a
plant regulator, defoliator or desiccant.
Includes all pesticide products registered by the United States
Environmental Protection Agency and the New York State Department
of Environmental Conservation, and all products for which experimental
use permits and conditional registrations, special local needs registrations
and emergency exemptions have been granted by the United States Environmental
Protection Agency or the New York State Department of Environmental
Conservation.
[Amended 12-18-2001 by L.L. No. 3-2002]
A.
Effective January 1, 2000, no County department or agency, nor any pesticide applicator employed by the County or agency as a contractor or subcontractor for pest control purposes, shall apply on County property (as owner or tenant) any pesticide classified as Toxicity Category I by the United States Environmental Protection Agency, or any pesticide classified as a known, likely, or possible carcinogen by the United States Environmental Protection Agency, except as provided for in § 647-3 of this article.
B.
Effective January 1, 2001, no County department or agency, nor any pesticide applicator employed by the County or agency as a contractor or subcontractor for pest control purposes, shall apply on County property (as owner or tenant) any pesticide classified as Toxicity Category II by the United States Environmental Protection Agency, or any pesticide classified as restricted use by the United States Environmental Protection Agency or the New York State Department of Environmental Conservation, except as provided for in § 647-3 of this article.
A.
Notwithstanding any other provisions, this article shall not apply
to the following:
[Amended 12-18-2001 by L.L. No. 3-2002]
(1)
Pesticides otherwise lawfully used for the purpose of maintaining
a safe drinking water supply at drinking water treatment plants, wastewater
treatment plants, reservoirs, and related collection, distribution,
and treatment facilities;
(2)
Antimicrobial pesticides;
(3)
Pesticides in containerized baits where the least toxic of the effective
alternatives available are used;
(4)
Pesticides classified by the United States Environmental Protection
Agency as exempt materials under 40 CFR 152.25;
(5)
Biological controls and biological pesticides, such as bacillus thuringiensis
or milky spore;
(6)
Low-toxicity pesticides, such as boric acid, as determined by the
Commissioner of the County Department of Health Services, in conjunction
with the Commissioner of the County Department of Environment and
Energy, after certifying, in writing, that the pesticide is of such
a low hazard as to have a de minimis adverse impact on the health
and safety of Suffolk County residents;
[Amended 11-21-2006 by L.L. No. 59-2006]
(7)
In a situation in which a written declaration has been issued by
the Commissioner of the County Department of Health Services that
a public emergency exists requiring the temporary use of a particular
pesticide during the period of such public emergency. The Commissioner
must, in such an emergency, use the least toxic approach to the health
issue that the Commissioner believes is adequate to address the emergency.
After taking such action, the Commissioner shall document in a report,
within 30 days, the steps taken to resolve the emergency, the nature
of the emergency, the cause and effect of this emergency, and how
and why such pesticidal actions were taken. The Commissioner shall
also report how the problem causing the health emergency arose and
what steps and procedures the County is taking to ensure that a similar
problem will not occur again;
(8)
Low-toxicity pesticides used for the control of vectors capable of
transmitting diseases such as the arthropod-borne encephalitis virus,
as determined by the Commissioner of the County Department of Health
Services, in conjunction with the Commissioner of the County Department
of Environment and Energy;
[Amended 11-21-2006 by L.L. No. 59-2006]
(9)
County-owned property leased to another party as of the effective
date of this article, said exemption to apply until the expiration
of such lease (exclusive of renewal periods);
(10)
Insect repellents personally applied by County employees in
the course of performing County duties and/or responsibilities at
County facilities; and
(11)
Pesticides used in medical treatment or practices.
B.
Nothing in this article should be interpreted to supersede any settlement
of Long Island Neighborhood Network v. County of Suffolk with regard
to proposed new County golf courses. On County-owned and -operated
golf courses, the Superintendent is permitted to declare a "golf course
emergency" if, in his or her discretion, there is an imminent threat
of property damage that requires the use of materials otherwise prohibited
by this article.
(1)
In
the event that this happens, the Superintendent shall:
(2)
After three times, per golf course, of the Superintendent taking
the above action, he/she must meet with the CAC prior to taking any
actions.
(3)
The Superintendent has 30 days to submit a written report to the
Chairman of the CAC. The report shall include the nature of the emergency,
the cause and effect of the emergency, the steps taken to resolve
the emergency and how and why these pesticidal actions were taken.
The Superintendent shall take the least toxic approach to its resolution.
[Amended 3-13-2001 by L.L. No. 3-2001; 12-18-2001 by L.L. No.
3-2002; 11-21-2006 by L.L. No. 59-2006]
A.
A Suffolk County Advisory Committee (CAC) is hereby created to oversee
the implementation of this article by the County Department of Environment
and Energy in conjunction with the County Department of Health Services.
B.
The CAC shall consist of the following nine members:
(1)
One individual to be selected by the County Commissioner of the Department
of Environment and Energy, or his or her designee, to serve as Chairman;
(2)
The County Commissioner of Health Services, or his or her designee;
(3)
The County Commissioner of Public Works, or his or her designee;
(4)
The County Commissioner of Parks, Recreation, and Conservation, or
his or her designee;
(5)
One individual and an alternate to be selected by the County Executive
from a recognized and acknowledged anti-cancer advocacy group with
membership in Suffolk County;
(6)
One individual from the Cornell Cooperative Extension selected by
the Extension;
(7)
One individual and an alternate to be selected by the Chairman of
the Environment, Planning and Agriculture Committee of the Suffolk
County Legislature, or any successor committee thereto, from the medical
community (not employed by the County of Suffolk); this may include
veterinarian medicine or Health and Safety Officer;
(8)
One individual and an alternate to be selected by the Chairman of
the Environment, Planning, and Agriculture Committee of the County
Legislature from a recognized and acknowledged environmental organization
represented within the County of Suffolk; and
(9)
One individual to be selected by the Chairman of the Environment,
Planning, and Agriculture Committee of the County Legislature with
a background in organic pest management practices or one from a recognized
environmental group.
C.
The CAC shall hold four public meetings each year with representatives
of the County Department of Health Services and the County Department
of Environment and Energy, open to public participation.
D.
The CAC shall issue annual reports to the Suffolk County Legislature
on the progress of implementation of this article.
E.
The CAC may grant a temporary exemption of up to one year for special-use
property located within Suffolk County. The list of specific properties
may be determined in the exemption so granted, and the specific pesticides
to be used may be determined by the CAC. The list may be amended periodically
by the CAC. Any such exemption may be periodically renewed for a period
not to exceed one year. If a vote on an exemption by CAC results in
two or more votes being cast in opposition to the request, then such
exemption shall not take effect unless and until it is ratified by
a duly enacted resolution of the County of Suffolk, even if a majority
of the entire membership of the CAC has voted in favor of the exemption.
[Added 5-9-2000 by L.L. No. 10-2000]
A.
Pesticide application for adult mosquitoes by the County of Suffolk, or by persons or businesses under contract or lease with the County, on County-owned or County-leased parks, golf courses or recreational areas or any property adjacent to municipally owned, state-owned or federally owned parks, golf courses or recreational areas shall comply with the public-notice requirements set forth in § 647-6 of this article.
B.
Pesticide applicators shall notify the public at least 24 hours prior
to discharging or causing to be discharged any pesticide for adult
mosquitoes on municipally owned, state-owned or federally owned parks,
golf courses or recreational areas.
C.
Warning notices shall be visibly posted only at entry points to all
streets or areas to be treated.
D.
The County Department of Health Services may issue notification waivers
granting exemptions for limited, localized or emergency applications
of small amounts of the least toxic chemical pesticides or for facilities,
where the cost of compliance exceeds the health benefit to be derived
from compliance or where there is imminent danger to the public health
as certified in writing by the Commissioner of the County Department
of Health Services or his/her designee.
[Added 5-9-2000 by L.L. No. 10-2000]
A.
The County Department of Health Services shall prepare a notice of pesticide application, copies of which are to be completed and posted at least 24 hours prior to pesticide application specified in § 647-5 above.
B.
The warning notice shall consist of a standard eight-and-one-half
by eleven-inch international orange form. Such notices shall include:
(1)
Date of posting.
(2)
Address, date, approximate time, pest to be controlled, method of
application and specific sites to be treated.
(3)
Common and trade names of the pesticide.
(4)
Name and telephone number of person responsible for the application.
(5)
A statement that: "This notice form is issued by the County Department
of Health Services."
C.
Such notices shall remain in place for the duration of the acute
toxicity of the pesticide.
D.
In the event that the County Department of Health Services determines that emergency circumstances preclude the use of the warning notice set forth in Subsection B of this section, the Department may use an alternative means of notification as long as it achieves the goal and objective of making people living in the immediate vicinity of the affected community aware of the pesticide application about to occur.
[Amended 11-21-2006 by L.L. No. 59-2006]
The Commissioner of the County Department of Health Services,
in conjunction with the County Department of Environment and Energy,
is hereby authorized to promulgate and issue such rules and regulations
as shall be necessary, appropriate, and sufficient to implement the
provisions of this article.
[Adopted 8-31-2000 by L.L. No. 20-2000 (Ch. 380, Art. II,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that a recent amendment
to the New York Environmental Conservation Law (§ 33-1004)
authorizes the County of Suffolk to adopt a local law providing for
all of the special requirements for commercial and residential lawn
applications established by the State of New York, including a requirement
for prior notification of certain spray pesticide applications by
commercial lawn applicators.
B.
Therefore, the purpose of this article is to adopt the special requirements
for commercial and residential lawn applications as set forth in § 33-1004
of the New York Environmental Conservation Law, in order to mitigate
public concerns regarding pesticide exposure.
As used in this article, the following terms shall have the
meanings indicated:
Any property which has any boundary or boundary point in
common with the property on which the pesticide is to be applied.
Any building or structure or portion thereof which is occupied
in whole or in part as the home, residence or sleeping place for one
or two families.
Any dwelling which is to be occupied by or is occupied as
the residence or home of three or more families living independently
of each other.
That portion of a multiple dwelling occupied by one or more
persons as the residence or home of such persons.
Land and improvements or appurtenances or any part thereof.
The application of general-use pesticides to ground, trees
or shrubs on property owned by or leased to the individual making
such application. For the purpose of this article, the following shall
not be considered residential lawn application:
The application of pesticides for the purpose of producing an
agricultural commodity.
The application of pesticides around or near the foundation
of a building for the purpose of indoor pest control.
The application of pesticides by or on behalf of agencies, except
that agencies shall be subject to visual notification requirements
pursuant to § 33-1003 of the New York Environmental Conservation
Law where such application is within 100 feet of a dwelling, multiple
dwelling, public building or public park.
The application of pesticides on golf courses or turf farms.
A.
All retail establishments that sell general-use pesticides for commercial
or residential lawn application shall display a sign meeting standards
established by the Commissioner of the New York State Department of
Environmental Conservation, and such sign shall be displayed in a
conspicuous place as close as possible to the place where such pesticides
are displayed.
B.
Such signs shall contain the following information at a minimum:
(1)
A warning notice directing consumers to follow directions on labels.
(2)
A provision to inform the customer of the posting requirements set forth in § 647-11 of this article.
(3)
A recommendation that the customer notify neighbors prior to the
application of pesticides so that such neighbors may take whatever
precautions are necessary to avoid pesticide exposure.
C.
At least 48 hours prior to any commercial lawn application of a pesticide, the person or business making such application shall supply written notice, as defined in Subsection D of this section, to occupants of all dwellings on abutting property with a boundary that is within 150 feet of the site of such application; and to owners, owners' agents or other persons in a position of authority for all other types of premises that are abutting property with a boundary that is within 150 feet of the site of such application. Owners or owners' agents of multiple-family dwellings shall supply such written notice to the occupants of such multiple-family dwellings, and for all other types of premises, owners, owners' agents or other persons in a position of authority shall post such written notice in a manner specified by the Commissioner of the New York State Department of Environmental Conservation. The prior notification provisions of this subsection shall not apply to the following:
(1)
The application of antimicrobial pesticides and antimicrobial products
as defined by FIFRA in 7 U.S.C. §§ 136(mm) and 136q(h)(2).
(2)
The use of an aerosol product with a directed spray, in containers
of 18 fluid ounces or less, when used to protect individuals from
an imminent threat from stinging and biting insects, including venomous
spiders, bees, wasps and hornets. This subsection shall not exempt
from notification the use of any fogger product or aerosol product
that discharges to a wide area.
(3)
The use of nonvolatile insect or rodent bait in a tamper-resistant
container.
(4)
The application of a pesticide classified by the United States Environmental
Protection Agency as an exempt material under 40 CFR 152.25.
(5)
The application of a pesticide which the United States Environmental
Protection Agency has determined satisfies its reduced-risk criteria,
including a biopesticide.
(6)
The use of boric acid and disodium octaborate tetrahydrate.
(7)
The use of horticultural soap and oils that do not contain synthetic
pesticides or synergists.
(8)
The application of a granular pesticide, where "granular pesticide"
means any ground-applied solid pesticide that is not a dust or powder.
(9)
The application of a pesticide by direct injection into a plant or
the ground.
(10)
The spot application of a pesticide, where "spot application"
means the application of pesticide in a manually pressurized or nonpressurized
container of 32 fluid ounces or less to an area of ground less than
nine square feet.
(11)
The application of a pesticide to the ground or turf of any
cemetery.
(12)
An emergency application of a pesticide when necessary to protect
against an imminent threat to human health; provided, however, that
prior to any such emergency application, the person providing such
application shall make a good-faith effort to supply the written notice
required pursuant to this article. Upon making an emergency application,
the person making such an application shall notify the Commissioner
of the New York State Department of Health, using a form developed
by such Commissioner for such purposes, which shall include at least
the name of the person making the application, the location of such
application, the date of such application, the product name and United
States Environmental Protection Agency registration number of the
pesticide applied and the reason for such application.
D.
The content and form of such notification shall be in accordance
with the requirements established by the Commissioner of the New York
State Department of Environmental Conservation and shall consist of
at least the following:
(1)
The address of the premises where application is to be done.
(2)
The name and telephone number and pesticide business registration
number or certified applicator number of the person providing the
commercial lawn application.
(3)
The specific date of the pesticide application and two alternative
dates to the proposed date of application when, due to weather conditions,
the pesticide application on the proposed date is precluded. The alternative
dates shall be consecutive business days to the proposed date.
(4)
The product name or names and the United States Environmental Protection
Agency registration number or numbers of the pesticide or pesticides
to be applied.
(5)
A statement which reads: "This notice is to inform you of a pending
application to neighboring property. You may wish to take precautions
to minimize pesticide exposure to yourself, family members, pets or
family possessions. Further information about the product or products
being applied, including any warnings that appear on the labels of
such pesticide or pesticides that are pertinent to the protection
of humans, animals or the environment, can be obtained by calling
the National Pesticides Telecommunications Network at 1-800-858-7378
or the New York State Department of Health Center for Environmental
Health Info line at 1-800-458-1158."
A.
All persons performing residential lawn applications treating an
area of more than 100 square feet shall affix markers to be placed
within or along the perimeter of the area where pesticides will be
applied. Markers are to be placed so as to be clearly visible to persons
immediately outside the perimeter of such property. Such markers shall
be posted at least 12 inches above the ground and shall be at least
four inches by five inches in size.
B.
The markers required pursuant to this section shall be in place on
the day during which the pesticide is being applied and shall instruct
persons not to enter the property and not to remove the signs for
a period of at least 24 hours. Such instruction shall be printed boldly
in letters at least 3/8 of an inch in height.
A.
The County Department of Health Services shall enforce the provisions
of this article in accordance with § 71-2907 of the New
York State Environmental Conservation Law, and any sanctions assessed
pursuant thereto shall be payable to and deposited with the County
of Suffolk.
B.
The Commissioner of the New York State Department of Health shall review any emergency form submitted pursuant to § 647-10C(12) of this article to ensure that the circumstances warrant such emergency application. Such forms shall be kept on file at the New York State Department of Health for three years from the date of application and shall be made available to any person upon written request.
C.
The Commissioner of the County Department of Health Services shall
process and investigate alleged violations of this article which pertain
to persons performing residential lawn applications in accordance
with the rules and regulations of the New York State Department of
Environmental Conservation.
A.
Notwithstanding any provision of law to the contrary, an owner or owner's agent of a multiple dwelling, or an owner, owner's agent or a person in a position of authority for all other types of premises, who violates any rule or regulation or order issued pursuant to § 647-10C of this article (written notice of commercial lawn application), and any person who violates any provision of § 647-11 of this article (markers for residential lawn application) shall be issued at the time of the offense a written warning and shall also be issued educational materials pursuant to § 33-1005, Subdivision 2, of the New York Environmental Conservation Law. Such person shall, however, for a second violation be liable to the people of the state for a civil penalty not to exceed $100, and not to exceed $250 for any subsequent violation, such penalties to be assessed by the Commissioner of the New York State Department of Environmental Conservation after a hearing or opportunity to be heard.
B.
Notwithstanding any provision of law to the contrary, any person who violates the provisions of § 647-10A of this article (retail establishment disclosure signs) or any rule, regulation or order issued thereunder shall be issued a warning for the first violation and shall be provided seven days to correct such violation, and shall be liable to the people of the state for a civil penalty not to exceed $100 for a second violation, and not to exceed $250 for a subsequent violation, to be assessed by the Commissioner of the New York State Department of Environmental Conservation after a hearing or opportunity to be heard.
C.
Any person who, having the culpable mental states defined in § 15.05,
Subdivision (1) or (2), or § 20.20 of the New York Penal
Law, violates any provision of this article, except an offense relating
to the application of a general-use pesticide, shall be guilty of
a misdemeanor and, upon conviction thereof, shall be punished by a
fine not to exceed $5,000 for each day during which such violation
continues or by imprisonment for a term of not more than one year,
or by both such fine and imprisonment. If the conviction is for a
subsequent offense committed after a first conviction of such person
under this subsection, punishment shall be by a fine not to exceed
$10,000 for each day during which such violation continues or by imprisonment
for a term of not more than one year, or by both such fine and imprisonment.
Prosecution hereunder may be conducted by the District Attorney consistent
with § 71-0403 of the New York Environmental Conservation
Law.
This article shall apply to all actions occurring on or after
March 1, 2001.
A.
This article shall take effect on the first day of the first January
immediately succeeding the filing of this article with the New York
Secretary of State.
B.
Within 20 days after adoption of this article, the Clerk of the County
Legislature shall forward one certified copy hereof to the Commissioner
of the New York State Department of Environmental Conservation and
one certified copy to the New York State Attorney General.
