Town of West Seneca, NY Pesticides

In consideration of the potential hazards associated with the use of pesticides, the Town of West Seneca deems it prudent to employ pest-control strategies that are the least hazardous to human health, safety and the environment and adopt an integrated pest-management program that places first priority on the utilization of nonchemical management practices; and there is a national effort by local governments to reduce and eventually eliminate the use of pesticides hazardous to human health, safety and the environment; and this chapter shall apply solely to the actions of the town or its contractors or subcontractors; and although the Town of West Seneca government is not the biggest user of pesticides in the town, nonetheless it is in a unique position to provide leadership and to be a model for demonstrating pesticide use reduction.

§ 88-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ANTIMICROBIAL PESTICIDE

A pesticide as defined by 7 U.S.C. 136 (mm).

PEST

Any insect, rodent, fungus, weed, virus, bacteria or other microorganism (except viruses, bacteria or other microorganisms 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.

§ 88-3 Exclusions.

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.

Pesticides used for the treatment of swimming pool water.

Antimicrobial pesticides.

Pesticides in contained baits for the purpose of rodent control.

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

§ 88-4 Responsible officials.

The Town of West Seneca hereby charges the Superintendent of Highways and Buildings and Grounds with the power to recommend least toxic pest-control substances or procedures for the period prior to January 1, 2001, for pest control on property owned, operated or maintained by the Town of West Seneca and to recommend nonchemical pest-control substances or procedures for the period after January 1, 2001, on property owned, operated or maintained by the Town of West Seneca.

§ 88-5 Prohibitions.

Effective immediately, no town department or any contractor or subcontractor for pest-control purposes shall apply, on property owned, operated or maintained by the Town of West Seneca, 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 provided in § 88-6 of this chapter.

Effective September 30, 2000, no town department or any contractor or subcontractor employed by the town shall apply, on any property owned, operated or maintained by the town, any pesticide classified as Toxicity Category II by the United States Environmental Agency; any pesticide classified as a possible human carcinogen 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, except as provided in § 88-6 of this chapter.

Effective January 2, 2001, no town department or any contractor or subcontractor employed by the town shall apply any pesticide on any property owned, operated, or maintained by the Town, except as provided in § 88-6 hereof.

§ 88-6 Exceptions.

Emergency. Should the Town Supervisor, upon consultation with the Superintendent of Highways and Buildings and Grounds, to the extent practicable, determine that a human health or safety emergency warrants the use of a pesticide that would otherwise not be allowed under this chapter, the Town Supervisor shall have the authority to issue an exception based on the following criteria:

(1)

The pest infestation poses an immediate threat to human health or safety;

(2)

Viable effective alternatives consistent with this chapter do not exist;

(3)

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

(4)

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

Stinging insects. Should the Superintendent of Buildings and Grounds determine that an infestation of stinging insects warrants the use of a pesticide that would otherwise not be allowed under this chapter, the Administrator shall have the authority, without prior consultation with the Town Supervisor, to use such pesticide if the following criteria are met:

(1)

The pest infestation poses an immediate threat to human health or safety;

(2)

Viable effective alternatives consistent with this chapter do not exist;

(3)

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

(4)

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

§ 88-7 Posting.

Should pesticides be used pursuant to § 88-6A of this chapter, the entity engaged in such application shall conspicuously post at the site of application and, to the extent practicable, in advance of the actual application, publish or communicate through local mass media such as newspapers, Internet, television or radio, 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.

(8)

Poison control telephone number.

Should pesticides be used pursuant to § 88-6B of this chapter, the Administrator shall conspicuously post for 48 hours, at the immediate area of application, the following information:

(1)

Organism targeted.

(2)

Date and time of application.

(3)

Trade name and active ingredient of pesticide used.

§ 88-8 Prevention.

Any plans for new construction or remodeling of buildings owned, operated or maintained by the Town of West Seneca, any plans for designing or redesigning public parks and recreational areas owned, operated or maintained by the Town of West Seneca and any plans for landscaping on property owned, operated or maintained by the Town of West Seneca 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.