[HISTORY: Adopted by the City of Norwalk Common Council as
indicated in article histories. Amendments noted where applicable.]
[Adopted 6-28-2022]
A.
The City of Norwalk recognizes that the health and safety of its
residents is of paramount concern and that high standards for the
promotion and protection of the health and safety of the people must
underlie municipal action. It is also in the best interest of the
City and its residents to protect the ecological integrity of the
Long Island Sound and Norwalk's rivers and streams and to improve
and protect water quality throughout the region.
B.
Pesticides necessarily contaminate soil microbiology, plant life,
wildlife, marine species, groundwater, rivers, and water wells. These
lethal chemicals blindly kill and make no distinction between the
unwanted pests and beneficial insects and healthy organisms. Many
of these beneficial insects can help limit unwanted pests on properties
where organic land management practices are used.
C.
Pregnant women, children, and pets are particularly vulnerable to
the adverse health effects of pesticides, including cancer, respiratory,
endocrinological, and neurodevelopmental disorders. Existing federal
and state regulation of pesticides does not and cannot guarantee their
safety. Fortunately, there are numerous effective and safe alternative
solutions, as well as best property practices, that can be employed
for sustainable lawn, soil, land, garden, and tree care.
D.
Therefore, the City of Norwalk hereby creates this article to promote
a healthy environment that protects its residents, waterways, and
wildlife from the risks inherent in pesticides by prohibiting or restricting
their use on all City-owned public grounds, including but not limited
to, parks, beaches, trails, recreation centers, and playgrounds.
As used in this article, the following terms shall have the
meanings indicated:
Any property owned, occupied, or controlled by the City of
Norwalk, including but not limited to school grounds, parks, playgrounds,
lawns, streets, sidewalks, grassy areas adjacent to City streets and
sidewalks, rights-of-way, waters, waterways, fields, athletic fields,
trails, beaches, and open spaces.
Any insect or animal species not native to the Connecticut
ecosystem whose introduction to such ecosystem does or is likely to
cause economic or environmental harm or harm to human health.
Any nonnative plants recorded on the Connecticut Invasive
Plant List pursuant to Sections 22a-381a through 22a-381e of the Connecticut
General Statutes, as amended from time to time.
The interdepartmental pest management team established to
evaluate applications and make determinations under this article.
The IPMT shall be composed of the Director of Health, Director of
Recreation and Parks, Chief of Operations, and the senior Conservation
Officer, or their respective designees. The Director of Recreation
and Parks, or their designee, shall serve as Chair of the IPMT.
Refers to a problem-solving strategy that prioritizes a natural,
organic approach to turfgrass and landscape management and care of
trees and shrubs without the use of pesticides. It mandates the use
of natural, organic practices that promote healthy soil and plant
life as a preventive measure against the onset of turf and landscape
pest problems.
Any products or materials:
Sanctioned as organic in accordance with the Organic Materials
Review Institute (OMRI);
Whose active ingredients are all listed in the OMRI Generic
Materials List;
Listed in the National Organic Program (NOP) Code of Federal
Regulations Title 7, Subtitle B, Chapter I, Subchapter M, Part 205,
Subpart G, § 205.601, as amended from time to time;
Designated and labeled as "for organic production" per the NOP;
or
As prescribed by certified organic agents or contractors accredited
through the Northeast Organic Farming Association (NOFA), provided
that such prescription is in accordance with the land care and maintenance
practices sanctioned by NOFA in its Standards for Organic Land Care
for clients who ask for organic services.
Any product, material, substance, pesticide, fungicide, larvicide,
insecticide, herbicide, rodenticide, or fertilizer that contains:
Any product, material, pesticide, fungicide, larvicide, insecticide,
herbicide, rodenticide, or fertilizer that is not an "organic product"
or a "prohibited product."
Shall have the meaning set forth in the Connecticut Tidal
Wetlands Act,[1] as the same may be amended from time to time.
Shall have the meaning set forth in Section 22a-39-2 of the
Regulations of Connecticut State Agencies, as the same may be amended
from time to time.
Shall have the meaning set forth in Section 22a-39-2 of the
Regulations of Connecticut State Agencies, as the same may be amended
from time to time.
[1]
Editor's Note: See Connecticut General Statutes § 22a-28
et seq.
Neither the City of Norwalk, nor any commission, board, authority,
or other body established thereby, nor any officer, employee, contractor,
or agent of the City of Norwalk or such commission, board, authority,
or other body, shall use or apply any organic product, restricted
product, or prohibited product on City property, except as expressly
provided in this article.
A.
Application for permission for use.
(1)
Any officer, employee, or agent of the City, or any commission, board,
authority, or other body established thereby, may apply to the IPMT
for permission to use an organic product or restricted product on
City property to remediate an imminent threat to human health, the
environment, or to the public welfare and safety. The IPMT may grant
the application upon a finding that:
(a)
A situation exists that poses an imminent threat to human health,
the environment, or to the public welfare and safety;
(b)
Reasonable attempts have been made to remediate the condition
using organic land management practices and that such practices have
failed to reasonably remediate the condition;
(c)
The applicant will, to the greatest extent practicable, minimize
the impact of the organic product or restricted product on abutting
properties or any tidal wetland, watercourse, or wetland; and
(d)
The proposed organic product or restricted product has proven
to be effective against such condition; provided, however, that the
IPMT shall not approve the use of a restricted product in any situation
where an organic product has been proven to be effective against such
condition.
(2)
In addition, the application must include a Pest Management Plan
to prevent the post remediation reoccurrence of the condition using
organic land management practices. If approved, the use of the organic
product or restricted product may continue until the condition is
eliminated or until such earlier time as the IPMT may determine.
B.
Notwithstanding the foregoing, no use of restricted products shall
be made 1) at schools or on school grounds unless requested by the
principal of such school, or 2) within 200 feet of a tidal wetland,
watercourse, or wetland.
C.
The application and the determination of the IPMT shall be posted
on the City of Norwalk website and made available in hardcopy at the
Department of Recreation and Parks for public inspection during normal
business hours.
The use of prohibited products on City property is prohibited
in all cases, except where, as of the effective date of this article,
such prohibited product is used on City property to control the presence
of poison ivy; provided, however, that in no event shall such prohibited
product be used within 200 feet of a tidal wetland, watercourse, or
wetland.
Notwithstanding any other provision of this article, organic products and restricted products may be used on a municipal golf course for maintenance, provided that the golf course follows the Environmental Principles for Golf Courses in the United States established by the United States Golf Association and, provided further, that the golf course will, to the greatest extent practicable, minimize the impact of the organic products or restricted products on abutting properties or any tidal wetland, watercourse, or wetland. The Director of such golf course shall, on a monthly basis, deliver a written report to the IPMT of all organic products and restricted products used during the preceding month. Such report shall include the information required in § 77A-8B below.
A.
The Director of Recreation and Parks and Chief of Operations, or
their respective designees, shall, on an annual basis, develop a land
management plan for all City property. Organic land management practices
shall be the method of choice to understand, prevent, and control
actual and potential plants to be considered noxious weeds or invasive
plant species or invasive fauna species in such land management plan.
The essential practices of organic land management include, but are
not limited to:
(1)
Regular soil testing;
(2)
Addition of approved soil amendments as necessitated by soil test
results, following, but not limited to, the recommendations of the
Northeast Organic Farming Association;
(3)
Selections of plantings using criteria of hardiness, suitability
to native conditions, drought, disease, pest resistance, and ease
of maintenance;
(4)
Modification of outdoor management practices to comply with organic
horticultural science, including scouting, monitoring, watering, mowing,
pruning, proper spacing, and mulching;
(5)
The use of physical controls, including hand weeding and overseeding;
(6)
The use of biological controls, including the introduction of natural
predators, and enhancement of the environment of a pest's natural
enemies;
(7)
Through observation, determining the most effective treatment time,
based on pest biology and other variables, such as weather and local
conditions; and
(8)
Eliminating pest habitats and conditions supportive of pest population
increases.
B.
Notwithstanding the foregoing, the Land Management Plan may, with the approval of the IPMT as provided under § 77A-4 of this article, include the use of organic products and restricted products.
C.
The Director of Recreation and Parks and Chief of Operations, or their respective designees, shall promptly deliver a written copy of the Land Management Plan and any updates thereto to the IPMT. In addition, the Director of Recreation and Parks and Director of Public Works shall, on a monthly basis, deliver a written report to the IPMT of all organic products and restricted products used pursuant to such plan during the preceding month. Such report shall include the information required in § 77A-8B below.
A.
The Director of Recreation and Parks, as Chair of the IPMT, or their
designee, shall, on an annual basis, or as otherwise requested by
the Common Council, prepare and deliver a written report to the Common
Council specifying all organic products, restricted products, and
prohibited products used on City property in the prior calendar year.
Such report shall also be posted on the City of Norwalk website and
be made available in hardcopy at the Department of Recreation and
Parks for public inspection during normal business hours.
B.
The written reports required under this article shall include the
following information:
(1)
The common name of the product used;
(2)
The trade name of the product used;
(3)
The registration number designated by the United States Environmental
Protection Agency;
(4)
A copy of the federally required product label listing the product
uses and potential product risks;
(5)
The amount of product applied;
(6)
The method of application;
(7)
The location where the product was applied;
(8)
The square footage of area where the product was applied;
(9)
The name of the entity applying the pesticide; and
(10)
Whether the person applying the product posted any notices informing
the public that the product was applied.
This article shall be effective as of January 1, 2023.
