Albany County, NY: Applicability.

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.

PESTICIDE

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.

§ 429-2 Applicability.

Notwithstanding any other provisions, this chapter shall not apply to the following:

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;

Anti-microbial pesticides;

Pesticides in contained baits for the purposes of rodent control; and

Pesticides classified by the United States Environmental Protection Agency as exempt materials under 40 CFR 152.25.

§ 429-3 Application on County property prohibited.

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.

§ 429-4 Pest Management Committee.

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.

§ 429-5 Pest Management Plan.

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:

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;

Procedures for least toxic pest control for the period prior to September 1, 2000;

Procedures for non-pesticide pest control for the period after September 1, 2000, except as otherwise provided for in § 429-6 or 429-7 of this chapter;

Procedures for monitoring the implementation of the Integrated Pest Management Plan;

Procedures for monitoring pest populations on property owned or operated by Albany County;

Education and training of County personnel on non-pesticide pest control methods and strategies;

Procedures for record keeping; and

Procedures and guidelines for decision making.

§ 429-6 Exceptions granted by Commissioner of Health.

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:

The pest situation poses an immediate threat to human health;

Viable alternatives consistent with this chapter do not exist;

Any pesticide used must have the least acute and chronic toxic effect on human health of all available choices; and

Underlying causes of the pest outbreak are addressed in order to prevent future outbreaks.

§ 429-7 Exceptions granted by Pest Management Committee.

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:

Viable alternatives consistent with this chapter do not exist;

Any pesticide used must have the least acute and chronic toxic effect on human health of all available choices; and

Underlying causes of the pest outbreak are addressed in order to prevent future outbreaks

§ 429-8 Notice of exceptions.

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:

Date of posting;

Organism targeted;

Specific location, date and approximate time of application;

Method of application;

Trade name and the active ingredient of the pesticide used;

Copy of the label;

Name and telephone number of the person responsible for the application; and

Poison control telephone number.

§ 429-9 Construction or renovation plans.

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.