[Added 6-14-2005 by L.L. No. 2-2005]
A.
The purpose of this article is to implement the provisions
of § 33-1004 of the New York Environmental Conservation
Law. It is intended that this article be read and applied consistently
with that section and all other applicable provisions of the New York
Environmental Conservation Law and regulations promulgated thereunder.
B.
The Monroe County Legislature hereby reserves the
right to modify or nullify this article, in the event that New York
Environmental Conservation Law § 33-1004 or other applicable
provisions of the Environmental Conservation Law or regulations are
revised subsequent to the passage of this article.
For the purposes of this article, all terms
herein shall be as defined in Article 33 of the New York Environmental
Conservation Law.
Any property which has any boundary or boundary point in
common with the property on which the pesticide is to be applied.
The application of pesticide to ground, trees, or shrubs
on public or private outdoor property. For the purposes of this article,
the following shall not be considered commercial lawn application:
The application of pesticide for the purpose
of producing an agricultural commodity;
Residential application of pesticides;
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
requirement pursuant to § 33-1003 of the New York Environmental
Conservation Law where such application is within one hundred feet
of a dwelling, multiple dwelling, public building or public park;
and
The application of pesticides on golf courses
or turf farms.
The Commissioner of the New York State Department of Environmental
Conservation.
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.
A pesticide which does not meet the state criteria for a
restricted pesticide as established under authority of § 33-0303
of the New York Environmental Conservation Law.
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.
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 person making such
application. For the purposes 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
requirement pursuant to § 33-1003 of the New York Environmental
Conservation Law where such application is within one hundred feet
of a dwelling, multiple dwelling, public building or public park;
and
The application of pesticides on golf courses
or turf farms.
A.
Retail consumer information sign. All retail establishments
that sell general-use pesticides for commercial or residential lawn
application shall display a sign meeting standards, established by
the Commissioner pursuant to Subdivision 1 of § 33-1005
of the New York Environmental Conservation Law, in a conspicuous place,
and such sign shall be placed as close as possible to the place where
such pesticides are displayed.
B.
Prior notification of commercial lawn applications.
(1)
At least 48 hours prior to any commercial lawn application
of a pesticide, the person or business making such application shall
supply the written notice provided for in Subdivision 3 of § 33-1005
of the New York Environmental Conservation Law, 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 on 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.
(2)
Such prior notification provisions shall not apply
to the following:
(a)
The application of anti-microbial pesticides
and anti-microbial products as defined by FIFRA in 7 U.S.C. § 136
(mm) and 136q(h)(2);
(b)
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 section
shall not exempt from notification the use of any fogger product or
aerosol product that discharges to a wide area;
(c)
The use of nonvolatile insect or rodent bait
in a tamper-resistant container;
(d)
The application of a pesticide classified by
the United States Environmental Protection Agency as an exempt material
under 40 CFR Part 152.25;
(e)
The application of a pesticide which the United
States Environmental Protection Agency has determined satisfies its
reduced-risk criteria, including a biopesticide;
(f)
The use of boric acid and disodium octaborate
tetrahydrate;
(g)
The use of horticultural soap and oils that
do not contain synthetic pesticides or synergists;
(h)
The application of a granular pesticide, where
granular pesticide means any ground-applied solid pesticide that is
not a dust or powder;
(i)
The application of a pesticide by direct injection
into a plant or the ground;
(j)
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;
(k)
The application of a pesticide to the ground
or turf of any cemetery; and
(l)
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 title. Upon making an
emergency application, the person making such application shall notify
the Commissioner of the New York State Department of Health, using
a form developed by such Commissioner for such purposes that shall
include minimally the name of the person making such application,
the pesticide business registration number or certified applicator
number of the person making such 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.
C.
Posting of residential lawn applications.
(1)
All persons performing residential lawn applications
treating an area 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.
(2)
Such markers 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
twenty-four hours. Such instruction shall be printed boldly in letters
at least 3/8 of an inch in height.
A.
Pursuant to § 33-1004 of the New York Environmental
Conservation Law, the County shall have concurrent authority to enforce
the provisions of this article administratively, provided that all
sanctions, which shall be assessed after providing a hearing or opportunity
to be heard, shall be as provided herein and shall be payable to the
County.
B.
Except as provided in Subsection B(1) and (2) of this section, any person who violates any provision of this article shall be liable for a civil penalty not to exceed $5,000 for a first violation, and not to exceed $10,000 for a subsequent violation. Notwithstanding the foregoing:
(1)
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 provision of Subsection B of § 569-91 of this article, and a person who violates any provision of Subsection C of such section, shall for a first such violation, in lieu of a penalty, be issued a written warning and shall also be issued educational materials prepared by the Commissioner pursuant to Subdivision 2 of § 33-1005 of the New York Environmental Conservation Law. Such person shall, however, for a second violation, be liable for a civil penalty not to exceed $100, and not to exceed $250 for any subsequent violation.
(2)
Any person who violates any provision of Subsection A of § 569-91 of this article shall be issued a warning for the first violation and shall be provided seven days to correct such violation; and shall be liable for a civil penalty not to exceed $100 for a second violation and not to exceed $250 for a subsequent violation.
Penalties imposed pursuant to this section may
be assessed only against a person providing a commercial lawn application.
A.
Any person having the culpable mental states defined
in Subdivision 1 or 2 of § 15.05 of the New York Penal Law
who 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 subdivision, 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.
B.
Any person who violates any provision of this article
relating to the use of a general-use pesticide shall be guilty of
a violation and, upon conviction thereof, shall be punished by a fine
not to exceed $2,500. If the conviction is for a subsequent offense
committed after the first such conviction of such person under this
subdivision, punishment shall be by a fine not to exceed $5,000.
This article shall take effect on the first
day of January immediately succeeding the date of its filing with
the Secretary of State.
