[HISTORY: Adopted by the County Legislature of the County
of Ulster as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-6-2006 by L.L. No. 3-2006]
A.
This Legislature finds that individuals and their
personal property are, or can be, unwittingly exposed to pesticides
applied on their neighbor's property from commercial and residential
lawn applications. This Legislature further finds that pesticides
may pose health and safety risks to people, particularly children,
pregnant women, the elderly and people with infirmities. The intent
of this article is to provide information to County residents about
certain pesticide applications to which they may be exposed, so that
they can take steps to minimize such exposure to themselves, their
families, pets, crops, livestock, backyard wildlife and property.
B.
Accordingly, this Legislature hereby adopts the special
notice requirements for commercial and residential lawn applications
of pesticides as set forth in § 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 Environmental Conservation Law and regulations promulgated
thereunder.
C.
This article shall be known as the "Ulster County
Neighbor Notification Law."
All terms used herein shall be as defined in
Article 33 of the New York Environmental Conservation Law. 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 state agency; municipal corporation; public authority;
college, as that term is defined in the Education Law; railroad, as
that term is defined in the Railroad Law; or telegraph, telephone,
telegraph and telephone, pipeline, gas, electric, or gas and electric
corporation, as those terms are defined in the Transportation Corporations
Law, which applies pesticides.
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
requirements pursuant to § 33-1003 of the Environmental
Conservation Law where such application is within 100 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 the 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 individual 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
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; and
The application of pesticides on golf courses
or turf farms.
The provisions in this section are adopted in
their entirety and without exception pursuant to § 33-1004
of the New York Environmental Conservation Law.
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 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 written notice, as defined in Subdivision 3 of § 33-1005
of the Environmental Conservation Law, to:
(a)
Occupants of all dwellings on abutting property
with a boundary that is within 150 feet of the site of such application;
and
(b)
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 antimicrobial pesticides
and antimicrobial products as defined by the Federal Insecticide,
Fungicide, and Rodenticide Act (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 subsection
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 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 article. 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 purpose, 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
24 hours. Such instruction shall be printed boldly in letters at least
3/8 of an inch in height.
Pursuant to § 33-1004 of the New York Environmental Conservation Law, the Ulster County Department of Health shall 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 specified in § 284-5 of this article and shall be payable to and deposited with Ulster County.
A.
Administrative sanctions.
(1)
A person providing a commercial lawn application 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 offense.
(2)
An owner or owner's agent of a multiple dwelling or owner, owner's agent or a person in a position of authority for all other types of premises who violates any rule or regulation pursuant to § 284-3B of this article (prior notification of commercial lawn applications), and a person who violates any provision of Subsection C of such section (posting of residential lawn applications), 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.
(3)
A person who violates the provisions of § 284-3A of this article (retail consumer information sign) 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.
B.
Criminal sanctions for persons providing commercial
lawn applications.
(1)
Any person providing a commercial lawn application
and 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 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.
(2)
Any person providing a commercial lawn application
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 subsection, punishment shall
be a fine not to exceed $5,000.
This article shall take effect on the first day of January after
it shall have been adopted and filed with the office of the Secretary
of State. Within 20 days after adoption of this article, the Clerk
of the County Legislature shall forward one certified copy thereof
to the Commissioner of the New York State Department of Environmental
Conservation and one to the New York State Attorney General.
[Adopted 6-10-2009 by L.L. No. 4-2009]
This article shall be known as the "Ulster County Non-Toxic
Landscape Maintenance Act."
For the purpose of this article, the following are defined as
follows:
Technique for agricultural disease and pest control in which
as many pest control methods as possible are used in an ecologically
harmonious manner to keep infestation within manageable limits.
A pesticide that is a naturally occurring substance or microorganism
that controls pests in a non-toxic manner or, if approved by the Department
of the Environment or the Advisory Committee, the least toxic method
possible.
A problem-solving strategy that prioritizes a natural, non-toxic
approach to turf grass and landscape management without the use of
toxic and synthetic pesticides. It mandates the use of natural, non-toxic
or, as a last resort with the Advisory Committee's 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;
Selection of plantings using criteria of hardiness; suitability
to native conditions; drought, disease and pest resistance; and ease
of maintenance;
Using, with the Advisory Committee approval, the least toxic
organic or non-toxic 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 and herbicides 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 pesticide's 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 Ulster agrees with the United States 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 Ulster 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 Ulster 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.
[Amended 8-17-2010 by L.L. No. 3-2010]]
D.
Furthermore, the County of Ulster 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, non-toxic or, as a last resort and with the Advisory
Committee's approval, least toxic management practices to prevent
and, when necessary, control pest problems on County-owned and -leased
land.
E.
Therefore, the County of Ulster seeks to implement non-toxic pest
management (NPM) on County-owned and -leased lands.
The County of Ulster hereby adopts the precautionary principle
(as defined by the Wingspread statement) as the basis for its non-toxic
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 Ulster 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.
The use and application of toxic chemical pesticides, either by County
of Ulster employees or by private contractors, for the purpose of
turf and landscape maintenance, are prohibited on all lands maintained
by the County of Ulster.
B.
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.
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
Advisory Committee.
D.
County of Ulster 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 Advisory Committee if, in its
opinion and discretion, such training is necessary.
E.
A listing of all County-maintained lands affected by this policy
shall be made available to the public by posting a list on the County
website.
A.
An Advisory Committee on Non-Toxic Pest Management will be formed
with the following members: Commissioner of Public Works or designee,
Coordinator of the Department of the Environment or designee, Executive
Director of the Soil and Water Conservation District or designee,
Director of Cornell Cooperative Extension or designee, and the Chairperson
of the Environmental Management Council or designee. The Advisory
Committee will oversee and assist in the implementation of the NPM
policy, develop an NPM program consistent with this article, and advise
the Chairperson of the Ulster County Legislature's committee
responsible for environmental issues of any problems encountered or
amendments required to achieve the full and successful implementation
of this policy.
B.
The Advisory Committee shall seek the participation, advice, and
counsel of experts in the fields of non-toxic 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 Advisory Committee pursuant to this article shall
be by majority vote of the entire Committee membership and not merely
a majority or those present and voting.
All turf and landscape pest management activities taking place
on land maintained by the County of Ulster 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.
C.
Pesticides in contained baits for the purpose of rodent control.
D.
Poison ivy and poison oak that constitute a health hazard.
E.
Tick control.
F.
Any property or categories of properties as recommended from time
to time by the Ulster County Coordinator of Environmental Resources
and approved by the Ulster County Legislature by mere resolution.
A.
Any County agency or contractor may apply to the Advisory Committee
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 Advisory Committee and shall contain such information as the
Committee deems reasonable and necessary to determine whether such
waiver should be granted. The Advisory Committee may grant such waivers
by a majority vote of the voting membership, not merely a majority
of those present and voting.
(1)
In determining whether to grant or deny a request for a waiver, the
Advisory Committee shall consider the magnitude of the infestation,
whether the pest situation poses an immediate threat to public health,
property, or the environment, the availability of effective alternatives
consistent with this article, and the likelihood of exposure of humans
to the pesticide.
(2)
No waiver shall be approved unless the following conditions have
been met:
(a)
Any pesticide used of all available choices must have the least acute
and chronic toxic effect on human health or safety; and
(b)
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.
B.
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 Ulster County Commissioner of Health or Public Health Director 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 Advisory Committee for advice on resolving the problem without the use of pesticides. The Commissioner or Public Health Director may extend the waiver for one additional period not to exceed six months. Nothing in this waiver provision prohibits the County of Ulster from adopting additional waivers via resolution for as long as the condition exists. Any County department using a pesticide under such a waiver must comply with all applicable federal and state laws regarding pesticide use and Article I, Pesticide Application, of this chapter.
