Albany County, NY “Pesticide Sunset”
Type: Resolution
Status: Adopted on 5/11/98
Vote: Unanimous
Source File: http://www.oag.state.ny.us/press/reports/pesticide_government/appendix4.pdf
Text:
RESOLUTION NO. 46-a
PROVIDING FOR INCREASED PROTECTION FOR PUBLIC HEALTH AND THE
ENVIRONMENT FROM EXPOSURE TO DANGEROUS PESTICIDES
WHEREAS, In consideration of the potential hazards associated in the use of pesticides, the Albany County Legislature deems it necessary to employ pest control strategies that are the least hazardous to human health and the environment and adopt an integrated pest management program that places first priority on utilization of best management practices and the use of pesticides as a last resort, and
WHEREAS, There is a national effort to reduce and eventually eliminate the use by local governments of pesticides hazardous to human health and the environment, and
WHEREAS, The City of Albany is currently considering legislation similar to this resolution, and
WHEREAS, It is the responsibility of Albany County to ensure the health and safety of all it’s citizens, now, therefore be it
RESOLVED, That for the purpose of this resolution the term “pest” shall mean and refer to 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, and, be it further
RESOLVED, That for the purpose of this resolution the term “pesticide” shall mean and refer to 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, and, be it further
RESOLVED, That for the purpose of this resolution the term “anti-microbial pesticide” shall mean and refer to a pesticide as defined by 7 U.S.C. 136(mm), and, be it further
RESOLVED, That notwithstanding any other provisions, this resolution 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; and, be it further
RESOLVED, That 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 the eighth and ninth resolved clauses of this resolution, and, be it further
RESOLVED, That 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, and, be it further
RESOLVED, That 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 resolution. 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 the eighth and ninth resolved clauses of this resolution;
- 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, and, be it further
RESOLVED, That 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 resolution, 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 resolution 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, and, be it further
RESOLVED, That 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 resolution, the Albany County Pest Management Committee shall have the authority to issue an exemption based on the following criteria:
- Viable alternatives consistent with this resolution 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, and, be it further
RESOLVED, That should pesticides be used pursuant to the eighth or ninth resolved clause of this resolution, 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: 1) date of posting; 2) organism targeted; 3) specific location, date, and approximate time of application; 4) method of application; 5) trade name and the active ingredient of the pesticide used; 6) copy of the label; 7) name and telephone number of the person responsible for the application; and 8) poison control telephone number, and, be it further
RESOLVED, That 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 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, and, be it further
RESOLVED, That the Clerk of the County Legislature is directed to forward certified copies of this resolution to the appropriate County Officials.