[HISTORY: Adopted by the Albany County Legislature 5-11-1998 by Res. No. 46a-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Pesticides — See Ch. 218.
As used in this chapter, the following terms shall have the
meanings indicated:
Refers to a pesticide as defined by 7 U.S.C. § 136(mm).
Any insect, rodent, fungus, weed, virus, bacteria or other
micro-organism (except viruses, bacteria or other micro-organisms
on or in living persons or other living animals) that 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 registered as such by the United States Environmental
Protection Agency and/or the New York State Department of Environmental
Conservation and all such products for which experimental use permits
and provisional registrations have been granted by the United States
Environmental Protection Agency and/or the New York State Department
of Environmental Conservation.
Notwithstanding any other provisions, this chapter shall not
apply to the following:
A.
Pesticides 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;
B.
Anti-microbial pesticides;
C.
Pesticides in contained baits for the purposes of rodent control;
and
D.
Pesticides classified by the United States Environmental Protection
Agency as exempt materials under 40 CFR 152.25.
Effective September 1, 1998, no County department or any pesticide applicator employed by Albany County as a contractor or subcontractor for pest control purposes shall apply on property owned or operated by Albany County any pesticide classified as Toxicity Category I by the United States Environmental Protection Agency, or any pesticide classified as a known, likely or probable human carcinogen by the United States Environmental Protection Agency, except as otherwise provided for in § 429-6 or 429-7 of this chapter.
The Albany County Legislature hereby establishes a Pest Management
Committee with the power to develop an Integrated Pest Management
Plan to be adopted by the Albany County Legislature and to monitor
pest management procedures for property owned or operated by Albany
County. Said Committee shall be made up of one person from each of
the following County departments and organizations: Department of
General Services; Department of Health; Department of Public Works;
Department of Residential Health Care Facilities; Sheriff's Department;
Albany County Soil and Water Conservation District; and Cornell Cooperative
Extension; and, in addition, one person designated by the Albany County
Executive representing a cancer prevention advocacy organization,
one person designated by the Albany County Executive representing
an alternatives to pesticides advocacy organization, and one person
designated by the Albany County Executive representing a general public
interest advocacy organization.
On or before January 1, 1999, the Albany County Pest Management
Committee shall develop an Integrated Pest Management Plan for review
and approval by the Albany County Legislature. The plan shall be consistent
with the provisions of this chapter. The plan shall have specific
provisions for effectively managing pest problems in a comprehensive
manner, including, but not limited to:
A.
Identification of all pest management methods or strategies used
by County departments and pesticide applicators employed by Albany
County as a contractor or subcontractor for pest control purposes
on property owned or operated by Albany County;
B.
Procedures for least toxic pest control for the period prior to September
1, 2000;
D.
Procedures for monitoring the implementation of the Integrated Pest
Management Plan;
E.
Procedures for monitoring pest populations on property owned or operated
by Albany County;
F.
Education and training of County personnel on non-pesticide pest
control methods and strategies;
G.
Procedures for record keeping; and
H.
Procedures and guidelines for decision making.
Should the Albany County Commissioner of Health determine that
a human health emergency warrants the use of a pesticide that would
otherwise not be allowed under this chapter, the Commissioner of Health
shall have the authority to issue an exception based on the following
criteria:
A.
The pest situation poses an immediate threat to human health;
B.
Viable alternatives consistent with this chapter do not exist;
C.
Any pesticide used must have the least acute and chronic toxic effect
on human health of all available choices; and
D.
Underlying causes of the pest outbreak are addressed in order to
prevent future outbreaks.
Should the Albany County Pest Management Committee determine
that an emergency other than a human health emergency warrants the
use of a pesticide that would otherwise not be allowed under this
chapter, the Albany County Pest Management Committee shall have the
authority to issue an exception based on the following criteria:
Should pesticides be used pursuant to § 429-6 or 429-7 of this chapter, the entity engaged in such application shall conspicuously post as soon as practicable, in advance of the actual application, at the site of application the following information:
A.
Date of posting;
B.
Organism targeted;
C.
Specific location, date and approximate time of application;
D.
Method of application;
E.
Trade name and the active ingredient of the pesticide used;
F.
Copy of the label;
G.
Name and telephone number of the person responsible for the application;
and
H.
Poison control telephone number.
Any plan for new construction or remodeling of buildings owned
or operated by Albany County, plans for designing or redesigning public
parks and recreation areas owned or operated by Albany County, and
plans for landscaping of buildings owned or operated by Albany County
shall contain provisions for the prevention of pest problems by means
such as appropriate structural design, pest-resistant vegetation and
pest control maintenance and planting practices.
