[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:
ANTIMICROBIAL PESTICIDE
A.
Disinfectants intended to destroy or irreversibly inactivate
infectious or other undesirable bacteria, pathogenic fungi or viruses
on surfaces or inanimate objects.
B.
Sanitizers intended to reduce the number of living bacteria
or viable virus particles on inanimate surfaces, in water or in air.
C.
Bacteriostats intended to inhibit the growth of bacteria in
the presence of moisture.
D.
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]
E.
Fungicides and fungistats intended to inhibit the growth of,
or destroy, fungi (including yeasts) pathogenic to man or other animals
on inanimate surfaces.
F.
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.
PEST
A.
Any insect, rodent, fungus or weed.
B.
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.
PESTICIDE
A.
Any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating any pest.
B.
Any substance or mixture of substances intended for use as a
plant regulator, defoliator or desiccant.
C.
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.
C. Effective July 1, 2003, 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 any pesticide on County property (as owner or tenant), except as provided for in §
647-3 of this article.
[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:
(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)]
As used in this article, the following terms shall have the
meanings indicated:
ABUTTING PROPERTY
Any property which has any boundary or boundary point in
common with the property on which the pesticide is to be applied.
DWELLING
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.
MULTIPLE DWELLING
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.
MULTIPLE DWELLING UNIT
That portion of a multiple dwelling occupied by one or more
persons as the residence or home of such persons.
PREMISES
Land and improvements or appurtenances or any part thereof.
RESIDENTIAL LAWN APPLICATION
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:
A.
The application of pesticides for the purpose of producing an
agricultural commodity.
B.
The application of pesticides around or near the foundation
of a building for the purpose of indoor pest control.
C.
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.
D.
The application of pesticides on golf courses or turf farms.
This article shall apply to all actions occurring on or after
March 1, 2001.