Pesticide Policy - July, 2009

The Larchmont Board of Trustees, at their meeting on July 6, 2009, received a report from the Committee on the Environment, recommending that the Village institute a Pesticide Policy for Village employees to use when maintaining Village property.  The Board wholeheartedly supports this policy.

They encourage property owners in the community to use pesticide-free products when maintaining their own lawns and outside areas.

Read the report below:

I. Declaration of  Policy

The Village of Larchmont (“the Village”) is committed to following the principles embodied in Westchester County’s Pesticide Reduction Act, Chapter 690, in order to reduce known and suspected hazards from pesticides to our community. Further, this policy aims to protect human health, terrestrial plant and animal life, and aquatic life in local waterways and the Long Island Sound.

Reducing the amount of pesticides used on Village property (owned or operated) is appropriate in consideration of its desire to become a more sustainable community and employ environmentally sound practices on all Village property. The accompanying statement of purpose and further sections are intended to provide an effective mechanism for reducing and, where at all possible, eliminating the use of pesticides through controlling any plant or animal infestations with the pest management strategies described herein.

The Board of Trustees of the Village of Larchmont hereby adopts the following Policy on the Use of Pesticides as the official policy of the Village.

II. Purpose

In consideration of the potential hazards involved in the use of chemical pesticides, the Village of Larchmont deems it prudent to employ pest control strategies which are the least hazardous to human health and the environment and adopt policy of integrated pest management which places first priority on the prevention of pest problems and uses chemical pesticides as a last resort only. In accordance with this purpose, the Village of Larchmont adopts the Westchester County government finding that pesticides are linked to a number of acute and chronic health problems and that it is therefore the policy of the Village of Larchmont to discontinue pesticide use by the Village of Larchmont for many pest control purposes, and to adopt a pest control policy that substantially relies on non-chemical pest control strategies.

III. Definitions

1.  “Anti-microbial pesticide” shall mean:

a.  Disinfectants intended to destroy or irreversibly inactivate infectious or other undesirable bacteria, pathogenic fungi, or viruses on surface 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, or inanimate surfaces;

e.  Fungicides and fungistates intended to inhibit the growth or destroy fungi (including yeasts) pathogenic to humans or other animals on inanimate surfaces; and

f.   Commodity preservatives and protestants 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.

2.   “Integrated pest management” shall mean the use of a variety of strategies to prevent and to control pests. These strategies shall employ nontoxic or the least toxic means available. These strategies shall include, but not be limited to, preventive maintenance, regular monitoring and evaluation, so as to enable early detection, mechanical controls such as manual removal, barriers and traps, biological controls and the least toxic chemical controls where pesticides are deemed necessary. These strategies shall be applied to affected areas only in a site-specific manner.

3.  “Pest” shall mean:

a.  Any insect, rodent, fungus, or weed; or

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 humans or other living animals) which the Commissioner of the New York State Department of Environmental Conservation declares to be a pest; or

c.  Any other meaning included under Section 33-0101 of the New York State Environmental Conservation Law.

4.  “Pesticide” shall mean and include:

a. Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and

b. Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; and

c.  Any other meaning included under Section 33-0101 of the New York State Environmental Conservation Law; and

d.  All pesticides 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.

IV.          Pest Management Support

1. Pest management support shall be provided by the Village of Larchmont Board of Trustees to the Village of Larchmont Department of Public Works (“DPW”) for    any questions that arise concerning the implementation of the integrated pest  management policy. The Mayor of Larchmont or other Village of Larchmont Trustee may choose to submit integrated pest management policy questions to the Village of Larchmont Committee on the Environment, or other Village committee or expert that the Village deems appropriate, for additional research   and information, including but not limited to solutions for least toxic measures available. The Village of Larchmont Committee on the Environment shall act as a resource on matters concerning pest management issues upon request of the Village of Larchmont Board of Trustees or the DPW.

2.  In the face of an infestation the Village Board of Trustees shall take into consideration any information it deems appropriate which may include data on the effects on human health and the environment, acute and chronic toxicity, impacts to non-target organisms, persistence, ability of the compound to bioaccumulate, the toxicity of inert ingredients, leachability, volatization, selectivity, and the potential for drift. In reaching its decision the Village Board of Trustees may consider policies adopted by the United States, New York State, and the County of Westchester.

V.   Record of Pesticides Applied to Pest Infestations

1. The Village Board of Trustees shall direct the DPW to develop a mechanism for          record keeping and        monitoring all pest management programs implemented by         the Village of Larchmont or any of its authorized employees, contractors, or         subcontractors.

2.           By the end of each calendar year the head of the DPW shall submit the record of         all pesticide applications, including trade and chemical name of pesticide,     amount and location applied, for that calendar year to the Village Board of               Trustees.

VI.          Pesticide Use – Sunset Provisions

The following statements shall control the use of pesticides by Village officials and employees and by persons under contract to the Village:

1. Effective immediately, no person shall apply 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 on Village property, except as provided for under this policy statement.

2.  Effective immediately, no person shall apply 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 on Village property, except as provided for under this policy statement.

3.  Effective June 30, 2009, no person shall apply any pesticide on Village property, except as provided for under the provisions of this policy statement.

4. All federal, state, and local laws must be complied with prospectively.

5. Whenever pesticide use is authorized herein, any chemical pesticide used must have the least acute and chronic toxic effects of possible choices available.

6.   All Village officials and employees engaged in the application of chemical pesticides shall be trained and certified in conformity with the county, state, and federal regulations; competent supervision shall be provided by the head of the DPW; and all necessary safety equipment shall be used.

7.  This policy shall apply to all pest control activities on Village property, whether by Village employees or persons under contract to the Village; subcontractors performing work on Village property; or, by businesses or by governmental agencies doing business on Village property. If applicable, parties under contract with the Village shall receive a copy of this policy statement and shall be required to comply with the provisions contained herein.

VII. Exemptions

1. Notwithstanding any other provisions of this policy statement to the contrary, the restrictions imposed by Section VI shall not apply to the following:

a. Pesticides otherwise lawfully 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. Microbial pesticides, such as bacillus thuringiensis and milky spore;

d. Pesticides in contained baits for the purpose of rodent, cockroaches, and/or ant control;

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

f. Low-toxicity pesticides when used according to label and as determined by the DPW, including boric acid and disodium tetrahydrate; silica gels; diatomaceous earth; nonvolatile insect bait in tamper resistant containers;

g. Pesticides prescribed by the licensed veterinarian for the control of parasites of wild, domestic, or exotic animals;

h. In a situation in which a written declaration has been issued by the New York State or County Commissioner of Health, or by the County Board of Health, that a public health emergency exists requiring the temporary use of a particular pesticide during the period of such public health emergency;

i.  Insect repellents personally applied by Village employees in the course of performing employment duties; and

j.  Fungal turfgrass diseases, such Pythium, that can wipe out large swaths of grass in a matter of hours, however the Village Board or competent Village employee or member of the Committee on the Environment shall first consult with the Cornell Cooperative Extension, or other appropriate expert, to determine the best course of action and ways to prevent future outbreaks.

VIII.        Posting and Proposed Use

1. Pesticide application by the Village, or by persons or businesses under contract with the Village, shall comply with the public notice requirements hereinafter set forth.

2. The Village or agencies or persons or businesses under contract with the Village shall notify the public at least 48 hours prior to discharging or causing to be discharged any pesticide on Village property.

3. Warning notices must be visibly posted along streets or areas to be treated at the approximate frequency of one notice per lot or all public accesses to the planned treatment area.

4.  The Village Board of Trustees, in conference with the DPW, may make a few specific exemptions regarding 48-hour prior notification for limited, localized applications of small amounts of the least toxic chemical pesticides not inconsistent with the notification provisions under Section IX of this policy statement and any other applicable federal, state, or county law.

IX.          Notice of Pesticide Application

1.  The Village employee, persons, or businesses under contract for applying pesticides on a per case basis shall prepare a notice of pesticide application, copies of which are to be completed and posted at least 48 hours prior, as specified in Section VIII.

2.  The warning notice shall consist of a standard 8 ½ by 11-inch international orange form posted at least 12 inches above the ground. Such notices shall be printed boldly in letters at least 3/8 of an inch in height and shall include:

a.   Date of posting.

b.   Address, date, and approximate time of treatment.

c.   Common and trade names of pesticide.

d.   Appropriate warnings regarding the acute and chronic toxicity of the pesticide.

e.   Name and telephone number of party responsible for the application.

3.  Such notices shall remain in place for the duration of the acute toxicity of the pesticide, shall advice of the date of safe reentry as is specified in the manufacturer’s label accompanying the pesticide and shall be removed within 5 days thereafter.

X.          Severability

If any clause, sentence, paragraph, subdivision, section, or part of this policy statement or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this policy statement, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.