[HISTORY: Adopted by Tompkins County as indicated in article histories.
Amendments noted where applicable.]
[Adopted by the Board of Supervisors (now County Legislature)
12-17-2002 by L.L. No. 11-2002]
A.
This Legislature finds that individuals and their personal
property are, or can be, unwittingly exposed to pesticides applied on their
neighbor's property from commercial and residential lawn applications. This
Legislature further finds that pesticides may pose health and safety risks
to people, particularly children, pregnant women, the elderly, and people
with infirmities. The intent of this article is to provide information to
county residents about certain pesticide applications to which they may be
exposed, so that they can take steps to minimize such exposure to themselves,
their families, pets, crops, livestock, backyard wildlife, and property.
B.
Accordingly, this Legislature hereby adopts the special
notice requirements for commercial and residential lawn applications of pesticides
as set forth in § 33-1004 of the New York Environmental Conservation
Law. It is intended that this article be read and applied consistently with
that section and all other applicable provisions of the Environmental Conservation
Law and regulations promulgated thereunder.
C.
This article shall be known as the "Tompkins County Neighbor
Notification Law for Pesticides."
All terms used herein shall be as defined in Article 33 of the New York Environmental Conservation Law:
Any property which has any boundary point in common with the property
on which the pesticide is to be applied.
Any state agency; municipal corporation; public authority; college,
as that term is defined in the Education Law; railroad, as that term is defined
in the Railroad Law; or telegraph, telephone, telegraph and telephone, pipeline,
gas, electric, or gas and electric corporation as those terms are defined
in the Transportation Corporations Law, which applies pesticides.
The application of pesticides to ground, trees, or shrubs on public
or private outdoor property. For the purposes of this article the following
shall not be considered commercial lawn application:
The application of pesticide for the purpose of producing an agricultural
commodity;
Residential application of pesticides;
The application of pesticides around or near the foundation of a building
for the purpose of indoor pest control;
The application of pesticides by or on behalf of agencies, except that
agencies shall be subject to visual notification requirements pursuant to
§ 33-1003 of the Environmental Conservation Law where such application
is within 100 feet of a dwelling, multiple dwelling, public building or public
park; and
The application of pesticides on golf courses or turf farms.
The Commissioner of the New York State Department of Environmental
Conservation.
Any building or structure or portion thereof which is occupied in
whole or in part as the home, residence or sleeping place for one or two families.
A pesticide which does not meet the state criteria for a restricted
pesticide as established under authority of § 33-0303 of the New
York Environmental Conservation Law.
Any dwelling which is to be occupied by or is occupied as the residence
or home of three or more families living independently of each other.
Land and improvements or appurtenances or any part thereof.
The application of general use pesticides to ground, trees, or shrubs
on property owned by or leased to the individual making such application.
For the purpose of this article the following shall not be considered residential
lawn application:
The application of pesticides for the purpose of producing an agricultural
commodity;
The application of pesticides around or near the foundation of a building
for purpose of indoor pest control;
The application of pesticides by or on behalf of agencies shall be subject
to visual notification requirements pursuant to § 33-1003 of the
New York Environmental Conservation Law where such application is within 100
feet of a dwelling, multiple dwelling, public building or public park; and
The application of pesticides on golf courses or turf farms.
The provisions in this section are adopted in their entirety and without
exception, pursuant to § 33-1004 of the New York Environmental Conservation
Law.
A.
Retail consumer information sign. All retail establishments
that sell general use pesticides for commercial or residential lawn application
shall display a sign meeting standards established by the Commissioner pursuant
to Subdivision 1 of § 33-1005 of the Environmental Conservation
Law, in a conspicuous place, and such sign shall be placed as close as possible
to the place where such pesticides are displayed.
B.
Prior notification of commercial lawn applications.
(1)
At least 48 hours prior to any commercial lawn application
of a pesticide, the person or business making such application shall supply
written notice, as defined in Subdivision 3 of § 33-1005 of the
Environmental Conservation Law, to:
(a)
Occupants of all dwellings on abutting property with
a boundary that is within 150 feet of the site of such application; and
(b)
Owners, owners' agents, or other persons in a position
of authority for all other types of premises that are on abutting property
with a boundary that is within 150 feet of the site of such application. Owners
or owners' agents of multiple-family dwellings and for all other types of
premises, owners, owners' agents or other persons in a position of authority
shall post such written notice in a manner specified by the Commissioner.
(2)
Such prior notification provisions shall not apply to
the following:
(a)
The application of antimicrobial pesticides and antimicrobial
products as defined by the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA) in 7 U.S.C. Section 136 (mm) and 136 q (h) (2);
(b)
The use of an aerosol product with a directed spray,
in containers of 18 fluid ounces or less, when used to protect individuals
from an imminent threat from stinging and biting insects, including venomous
spiders, bees, wasps and hornets. This section shall not exempt from notification
the use of any fogger product or aerosol product that discharges to a wide
area;
(c)
The use of nonvolatile insect or rodent bait in a tamper-resistant
container;
(d)
The application of a pesticide classified by the United
States Environmental Protection Agency as an exempt material under 40 CFR
Part 152.25;
(e)
The application of a pesticide which the United States
Environmental Protection Agency has determined satisfies its reduced-risk
criteria, including a biopesticide;
(f)
The use of boric acid and disodium octaborate tetrahydrate;
(g)
The use of horticultural soap and oils that do not contain
synthetic pesticides or synergists;
(h)
The application of a granular pesticide, where "granular
pesticide" means any ground-applied solid pesticide that is not a dust or
powder;
(i)
The application of a pesticide by direct injection into
a plant or the ground;
(j)
The spot application of a pesticide, where "spot application"
means the application of pesticide in a manually pressurized or nonpressurized
container of 32 fluid ounces or less to an area of ground less than nine square
feet;
(k)
The application of a pesticide to the ground or turf
of any cemetery; and
(l)
An emergency application of a pesticide when necessary
to protect against an imminent threat to human health; provided, however,
that prior to any such emergency application, the person providing such application
shall make a good-faith effort to supply the written notice required pursuant
to this chapter. Upon making an emergency application, the person making such
application shall notify the Commissioner of the New York State Department
of Health, using a form developed by such Commissioner for such purposes that
shall include minimally the name of the person making such application, the
pesticide business registration number or certified applicator number of the
person making such application, the location of such application, the date
of such application, the product name and United States Environmental Protection
Agency registration number of the pesticide applied and the reason for such
application.
C.
Posting of residential lawn applications.
(1)
All persons performing residential lawn applications
treating an area more than 100 square feet shall affix markers to be placed
within or along the perimeter of the area where pesticides will be applied.
Markers are to be placed so as to be clearly visible to persons immediately
outside the perimeter of such property. Such markers shall be posted at least
12 inches above the ground and shall be at least four inches by five inches
in size.
(2)
Such markers shall be in place on the day during which
the pesticide is being applied and shall instruct persons not to enter the
property and not to remove the signs for a period of at least 24 hours. Such
instruction shall be printed boldly in letters at least 3/8 of an inch
in height.
Pursuant to § 33-1004 of the New York Environmental Conservation
Law, the Tompkins County Department of Health and Department of Weights and
Measures shall enforce the provisions of this article administratively, provided
that all sanctions, which shall be assessed after providing a hearing or opportunity
to be heard, shall be as specified in the penalties provision herein of this
article and shall be payable to and deposited with Tompkins County. In particular,
the Department of Health shall be responsible for neighbor and applicator
provisions and the Department of Weights and Measures shall be responsible
for retail establishment provisions.
A.
Administrative sanctions.
(1)
A person providing a commercial lawn application who
violates any provision of this article shall be liable for a civil penalty
not to exceed $5,000 for a first violation, and not to exceed $10,000 for
a subsequent offense.
(2)
An owner or owner's agent of a multiple dwelling or owner,
owner's agent or a person in a position of authority for all other types of
premises, who violates any rule or regulation pursuant to the section on prior
notification of commercial lawn applications, and a person who violates any
provision of the subdivision posting of residential lawn applications shall
for a first such violation, in lieu of penalty, be issued a written warning
and shall also be issued educational materials prepared by the Commissioner
pursuant to Subdivision 2 of § 33-1005 of the New York Environmental
Conservation Law. Such person shall, however, for a second violation, be liable
for a civil penalty not to exceed $100, and not to exceed $250 for any subsequent
violation.
(3)
A person who violates the provisions of the section on
retail consumer information sign shall be issued a warning for the first violation
and shall be provided seven days to correct such violation; and shall be liable
for a civil penalty not to exceed $100 for a second violation, and not to
exceed $250 for a subsequent violation.
B.
Criminal sanctions for persons providing commercial lawn
applications.
(1)
Any person providing a commercial lawn application and
having the culpable mental states defined in Subdivision 1 or 2 of § 15.05
of the New York Penal Law who violates any provision of this article, except
an offense relating to the application of a general use pesticide, shall be
guilty of a misdemeanor and, upon conviction thereof, shall be punished by
a fine not to exceed $5,000 for each day during which such violation continues
or by imprisonment for a term of not more than one year, or by both such fine
and imprisonment. If the conviction is for a subsequent offense committed
after a first conviction of such person under this subsection, punishment
shall be by a fine not to exceed $10,000 for each day during which such violation
continues or by imprisonment for a term of not more than one year, or by both
such fine and imprisonment.
(2)
Any person providing a commercial lawn application who
violates any provision of this article relating to the use of a general use
pesticide shall be guilty of a violation and, upon conviction thereof, shall
be punished by a fine not to exceed $2,500. If the conviction is for a subsequent
offense committed after the first such conviction of such person under this
subsection, punishment shall be a fine not to exceed $5,000.
