[Adopted 6-17-2008 by L.L. No. 3-2008]
This article shall be known as "the Rockland
County Nontoxic Landscape Maintenance Act."
For the purpose of this article the following
are defined as follows:
The Rockland County Environmental Management Council.
A pesticide that is a naturally occurring substance or microorganism
that controls pests in a nontoxic manner, or, if approved by the EMC,
the least toxic method possible.
A problem-solving strategy that prioritizes a natural, nontoxic
approach to turf grass and landscape management without the use of
toxic and synthetic pesticides. It mandates the use of natural, nontoxic,
or, as a last resort with EMC approval, least toxic cultural practices
that promote healthy soil and plant life as a preventative measure
against the onset of turf and landscape pest problems. Essential NPM
practices include, but are not limited to:
Regular soil testing;
Addition of approved soil amendments as necessitated
by soil test results, following, but not limited to, the recommendations
of the Northeast Organic Farmers' Association Massachusetts and Connecticut
Chapters Organic Land Care Program and/or the Organic Material Review
Institute of Eugene, Oregon;
Selection of plantings using criteria of hardiness;
suitability to native conditions; drought, disease and pest-resistance;
and ease of maintenance;
Using, with EMC approval, the least toxic organic,
or nontoxic nonorganic, products as some organic products are toxic;
Modification of outdoor management practices
to comply with organic horticultural science, including scouting,
monitoring, watering, mowing, pruning, proper spacing, and mulching;
The use of physical controls, including hand-weeding
and over-seeding;
The use of biological controls, including the
introduction of natural predators, and enhancement of the environment
of a pest's natural enemies;
Through observation, determining the most effective
treatment time, based on pest biology and other variables, such as
weather and local conditions; and
Eliminating pest habitats and conditions supportive
of pest population increases.
Any insect, rodent, fungus, weed or any other form of terrestrial
or aquatic or animal life or virus, bacteria, or other microorganism
(except viruses, bacteria or other microorganisms ordinarily present
on or in humans or 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; and any substance or
mixture of substances intended for use as a plant regulator, defoliator
or desiccant. It shall include all pesticide products registered as
such 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 provisional registrations have
been granted by the United States Environmental Protection Agency
and the New York State Department of Environmental Conservation.
Any substance that is harmful to humans. It is recognized
that, by their very nature, pesticides are toxic to those pests they
are designed to eliminate. Obviously, the concern of this article
is to limit pesticides' toxicity to humans while preventing pests
from multiplying and thereby endangering humans. A pesticides' relative
toxicity to humans is the standard that should govern the determination
as to which pesticides should be utilized. Measures of relative toxicity
have been determined by measuring their effect upon adult humans,
who have greater mass and weights than children. Thus, children are
at greater risk from exposures to even low levels of pesticides.
A.
The County of Rockland agrees with the U.S. Environmental
Protection Agency (EPA) that "all pesticides are toxic to some degree...
and the commonplace, widespread use of pesticides is both a major
environmental problem and a public health issue."
B.
The County of Rockland recognizes that all residents,
(particularly children), as well as other inhabitants of our natural
environment, have a right to protection from exposure to hazardous
chemicals and pesticides in particular.
C.
The County of Rockland recognizes that a balanced
and healthy ecosystem is vital to the health of the County and its
citizens; and as such is also in need of protection from exposure
to hazardous chemicals and pesticides, in particular.
D.
Furthermore, the County of Rockland recognizes that
it is in the best interest of public health to eliminate the use of
toxic pesticides on County-owned land; to encourage the reduction
and elimination of the use of toxic pesticides on private property;
and to introduce and promote natural, nontoxic, or as a last resort
and with EMC approval, least toxic management practices to prevent
and, when necessary, control pest problems on County-owned and -leased
land.
E.
Therefore, the County of Rockland seeks to implement
nontoxic pest management (NPM) on County-owned and -leased lands.
The County of Rockland hereby adopts the precautionary
principle (as defined by the Wingspread Statement) as the basis for
its nontoxic pest management (NPM) policy. The precautionary principle
states: "When an activity raises threats of harm to the environment
or human health, precautionary measures should be taken, even if some
cause and effect relationships are not yet fully established."
The County of Rockland hereby adopts an NPM
policy that mandates the following on all properties where the County
is responsible to maintain the outside areas, including lawns and
grassy areas:
A.
That the use and application of toxic chemical pesticides,
either by County of Rockland employees or by private contractors,
for the purpose of turf and landscape maintenance, is prohibited on
all lands maintained by the County of Rockland;
B.
That, if toxic products must be used, based upon a
waiver or exemption, then natural, least toxic turf and landscape
cultural practices and maintenance shall be the method of choice to
understand, prevent, and control potential pest problems;
C.
That all control products used under the terms of
this policy shall be in keeping with, but not limited to, those products
on the approved list of the Northeast Organic Farming Association
Connecticut and Massachusetts Chapters' Organic Land Care Program
or approved by the Rockland County EMC;
D.
That County of Rockland employees who work with turf
grass and the landscape receive education and training in natural,
least toxic turf and landscape management to be coordinated by the
EMC, if, in its opinion and discretion, such training is necessary;
E.
That a listing of all County-maintained lands affected
by this policy be made available to the public by posting a list on
the County website.
A.
The Rockland County EMC shall act as an Advisory Committee
on Nontoxic Pest Management to oversee and assist in the implementation
of the NPM policy, to develop an NPM program consistent with this
article, and to advise the Chairperson of the Rockland County Legislature's
committee responsible for environmental issues and the Rockland County
Coordinator of Environmental Resources of any problems encountered
or amendments required to achieve the full and successful implementation
of this policy.
B.
The Rockland County EMC shall seek the participation,
advice, and counsel of experts in the fields of nontoxic turf and
landscape management and NPM protocol. Broad community participation,
including parents, schools, advocates, and local landscaping businesses,
shall be encouraged on a nonvoting basis.
C.
Any decision by the EMC pursuant to this article shall
be by majority vote of the entire committee membership, and not merely
a majority of those present and voting.
All turf and landscape pest management activities
taking place on land maintained by the County of Rockland land shall
be subject to this article, except as follows:
A.
Pesticides or classes of pesticides classified by
the United States Environmental Protection Agency as not requiring
regulation under the federal Insecticide, Fungicide and Rodenticide
Act under 40 CFR 152.25, and therefore exempt from such regulation
when intended for use, and used only in the manner specified.
B.
Biological pesticides, such as bacillus thuringiensis
or milky spore, that are not genetically modified (non-GMO).
C.
Pesticides in contained baits for the purpose of rodent
control.
D.
Poison ivy and poison oak that constitutes a health
hazard.
E.
Tick control.
F.
Any property, or categories of properties, as recommended
from time to time by the Rockland County Coordinator of Environmental
Resources and approved by the Rockland County Legislature by mere
resolution.
A.
Any County agency or contractor may apply to the EMC
for a single-use waiver of the restrictions established pursuant to
this article. Such application shall be in a form and manner prescribed
by the EMC and shall contain such information as the Committee deems
reasonable and necessary to determine whether such waiver should be
granted. The EMC may grant such waivers by a majority vote of the
voting membership, not merely a majority of those present and voting.
In determining whether to grant or deny a request for a waiver, the
EMC shall consider:
B.
No waiver shall be approved unless the following conditions
have been met:
(1)
Any pesticide used of all available choices must have
the least acute and chronic toxic effect on human health or safety;
and
(2)
The applicant must submit a plan demonstrating how
underlying causes of the pest outbreak will be addressed in a manner
consistent with this article to prevent future outbreaks.
C.
If a pest situation poses an immediate threat to human
health and warrants the use of pesticides that would otherwise not
be permitted under this article, the Rockland County Commissioner
of Health shall have the authority to grant a temporary emergency
waiver for a period of 30 days. Notice of the waiver request shall
be given to the Rockland County EMC for advice on resolving the problem
without the use of pesticides. The Commissioner may extend the waiver
for one additional period not to exceed six months. Nothing in this
waiver provision prohibits the County of Rockland from adopting additional
waivers via resolution for as long as the condition exists.
