Bill No.
52-14
Concerning: Pesticides
Notice
Requirements
[[Non-essential
Pesticides. - Prohibitions]] Cosmetic
Pesticide Use Restrictions
Revised: October 6. 2015 Draft No.
_11_
Introduced:
October 28. 2014
Enacted:
October 6. 2015
Executive:
Returned unsigned;
becomes law October 20. 2015
Effective:
January 19. 2016: see
Section 3 for specific provisions
Sunset Date: _N'-'-o=n=e_ _ _ _ __
Ch.
_AQ_,
Laws of Mont Co.
2015
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Lead Sponsors Council Vice President Leventhal and Councilmembers Elrich, Rucker, Riemer,
and Navarro
Co-sponsor: Councilmember Floreen
ANACTto:
(1)
require posting of notice for certain [[lawn]] applications of pesticide;
(2) [[prohibit the ttse of certain pesticides on lawns]] [[require a Countvwide pesticide use
reduction plan]] prohibit the use of certain pesticides on lawns;
(3) [[require common ownership communities to take certain steps before the application of
certain pesticides:
ill]]
prohibit the use of certain pesticides on playgrounds. children's facilities. and certain
County-owned
property~
[[(4)]][[ill]]
ill
require the County to adopt an integrated pest management program for
certain County-owned property; [[and]]
[[(5)]][[(fil]] (5) require the Parks Department to take certain steps to reduce the use of
certain pesticides: and
[[ill]]
!fil
generally amend County law regarding pesticides.
Byam.ending
Montgomery County Code
Chapter 33B, Pesticides
Sections 33B-1, 33B-2, 33B-3, 33B-4, 33B-5, 33B-6, and 33B-7
By adding
Montgomery County Code
Chapter 33B, Pesticides
Articles 2, 3, and 4[[, and 5]]
Sections 33B-8, 33B-9, 33B-10, 33B-1l,33B-12, [[and]] 33B-13, and 33B-14[[, 33B-15,
33B-16 and 33B-l 7]]
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BILL
No. 52-14
Boldface
Underlining
.
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deleted.from existing law by original bill.
Added by amendment.
Deleted.from existing law or the bill by amendment.
Existing law unqffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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No. 52-14
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Sec. 1. Sections 33B-1, 33B-2, 33B-3, 33B-4, 33B-5, 33B-6 and 33B-7 are
amended, and Sections 33B-8, 33B-9, 33B-10, 33B-11, 33B-12, [[and]] 33B-13
1
and 33B-14[[. 33B-15. 33B-16 and 33B-17]] are added as follows:
ARTICLE
1.
General Provisions
33B-1. Legislative findings and puroose.
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The County Council finds that:
ill
pesticides have value when they are used to protect the public
health. the environment. and our food and water supply:
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pesticides. by definition. contain toxic substances. many of which
may have a detrimental effect on human health and the
environment and. in particular. may have developmental effects
on children;
Ql
exposure to certain pesticides has been linked to a host of serious
conditions in children including pediatric cancers. decreased
cognitive function. and behavioral problems such as ADHD. and
the following conditions in adults: Parkinson's disease. diabetes.
leukemia. lvmphoma. lupus. rheumatoid arthritis. dementia.
reproductive dysfunction. Alzheimer's disease. and a variety of
cancers including breast. colon. prostate and lung cancer:
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clean water is essential to human life. wildlife and the
environment. and the unnecessary use ·of pesticides and
herbicides for cosmetic purposes contributes to the deterioration
of water quality. as substantiated by several studies including the
2014 USGS study which found that 90% of urban waterways
have pesticide levels high enough to harm aauatic life:
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bees and other pollinators are crucial to our ecosystem. and the
use of neonicotinoid insecticides. which have been repeatedly and
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,(fil
(fil
strongly linked with the collapse of honey bee colonies. as well
as harm to aquatic insects and birds. pose an unacceptable risk to
beneficial organisms;
there are non- and less-toxic alternatives and methods of
cultivating a healthy. green lawn that do not pose a threat to
public health. and that use of pesticides for cosmetic mgposes is
not necessary for the management of lawns. especially in light of
the risks associated with their use:
ill
pesticide regulations at the federal and State level. and the risk
assessments that inform them. do not mimic real world exposure
scenarios and fail to account for svnergistic or cumulative effects
of multiple chemicals acting on the same pathway: do not include
sufficient evaluation of a pesticide's "inert" ingredients and the
pesticide formulations that are sold to consumers; and often fail
to take sensitive populations like children and pollinators into
account;
in the absence of adequate regulation at the federal or State level.
the County is compelled to act to protect the health of children.
families. pets and the environment.
!l2l
The purpose of this Chapter is to protect the public health and welfare
and to minimize the potential pesticide hazard to people and the
environment. ·consistent with the public interest in the benefits derived
from the safe use and application of pesticides. The goal is to inform
the public about pesticide applications and minimize the use of
pesticides for cosmetic purposes. while not restricting the ability to use
pesticides in agriculture. for the protection of public health. or for other
public benefit.
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No. 52-14
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33B-2. Definitions.
In this [chapter] Chapter:
Agriculture
means the business, science, and
art
of cultivating and managing
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the soil, composting, growing, harvesting, and selling
§.2.Q,,
crops and livestock,
and the products of forestry, horticulture and hydroponics; breeding, raising, or
managing livestock, including horses, poultry, fish, game and fur-bearing
animals; dairying, beekeeping and similar activities, and equestrian events and
activities.
Children 's facility
means a building or part of a building which. as part of its
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function. is regularly occupied by children under the ag:e of 6 years and is
required to obtain a certificate of occupancy as a condition of performing that
function
Children's facility
includes a child day care center. family day care
home. nurserv school. and kindergarten classroom.
Custom applicator
means a person engaged
in
the business of applying
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pesticides.
Department
means the Department of Environmental Protection.
Director
means Director of the Department of Environmental Protection[,] or
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the Director's designee.
Garden
means an area of land used to cultivate food crops. flowers. or other
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ornamental plants.
[[Integrated pest management
means~
process for managing pests that:
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uses monitoring
to
determine pest
injury
levels;
combines biological, cultural, mechanical, physical, and chemical
tools and other management practices to control pests
cost
effective,
and
environmentally sound
in~
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safe,
manner that
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contributes to the protection of public health and sustainability;
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No. 52-14
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uses knowledge about pests, such as infestations, thresholds, life
histories, environmental requirements, and natural control of
pests; and
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{±}
uses non-chemical pest-control methods and the careful use of
least-toxic chemical methods when non-chemical methods have
been exhausted or are not feasible.]]
[[Larvicide
means
~pesticide
designed to kill larval pests.]]
Lawn
means an area of land, except agricultural land, that is:
(1)
[Mostly] mostly covered by grass, other similar herbaceous
plants, shrubs, or trees; and
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(2)
[Kept] kept trim by mowing or cutting.
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playing field;
golf course; [[or]]
garden; or
tree or shrub ..
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a pesticide the active ingredients of which are recommended by
the National Organic Standards Board (NOSB) pursuant to 7
U.S.C.
§
6518. as amended. and published as the National List at
7 C.F.R
§§
205.601and205.602; or
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a pesticide designated a "minimum risk pesticide" under the
Federal Insecticide. Fungicide and Rodenticide Act (FIFRA)
§
25Cb) and listed in 40 C.F.R.
§
152.25Cfl.
Mulched recreation area
means an area of land covered with natural or
svnthetic mulch or wood chips that is not a playground. but is open to the
public for picnic or other recreation use.
Neonicotinoid
means~
class of neuro-active pesticides chemically related to
nicotine.
Neonicotinoid includes acetamiprid, clothianidin, dinotefuran,
imidacloprid, nitenpyram, nithiazine, thiacloprid, and thiamethoxam.
[[Non-essential pesticide
means
~
pesticide designated as
~
non-essential
pesticide under Section 33B-4.]]
Pest
means an insect, snail, slug, rodent, nematode, fungus, weed, or other
form of plant or animal life or microorganism (except a microorganism on or
in a living human or animal) that is normally considered to be a pest or defined
as a pest by applicable state regulations.
Pesticide
means a substance or mixture of substances intended or used to:
( 1)
(2)
(3)
prevent, destroy, repel, or mitigate any pest;
be used as a plant regulator, defoliant, or desiccant; or
be used as a spray adjuvant, such as a wetting agent or adhesive.
However,
pesticide
does not include an antimicrobial agent, such as a
disinfectant, sanitizer, or deodorizer, used for cleaning that is not considered a
pesticide under any federal or state law or regulation.
Playground
means an outdoor children's play area that is on the premises of a
children's facilitv. school. apartment building or complex. common ownership
commtinity. or park.
Playground
includes a mulched path that is used to enter
a children's play area.
Plavingfieldmeans:
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an athletic field maintained by the Montgomery County
Department of Parks; or
an area of land on private property maintained exclusively for
sporting use.
Private lawn application
means the application
of~
pesticide to
~
lawn on
property owned
!2y
or leased to the person applying the pesticide.
Private
lawn application
does not include:
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applying
~
pesticide for the purpose of engaging in agriculture; or
applying
~
pesticide around or near the foundation of
~
building
forthe purpose of indoor pest control[[;.
applying
~
pesticide to
~
golf course or turf farm]]:.
Registered pesticide
means a pesticide registered by the United States
Environmental Protection Agency and labeled pursuant to FIFRA for use in
lawn. garden and ornamental sites or areas.
[[Restricted lawn care pesticide
means a pesticide designated as a restricted
lawn care pesticide under Section 33B-4.]]
Vector
or
disease vector
means an animal, insect, or microorganism that
carries and transmits an infectious pathogen into another organism.
Waterbody
means waters located
within
the County that are:
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subject to the ebb and flow of the tide; or
free flowing. unconfined. and above-ground rivers. streams or
creeks.
(33B-4.] ([33B-2.]] 33B-3. Signs with retail purchase of pesticide.
A person who sells at retail a pesticide or material that contains a pesticide
must
(fil
make available to a person who buys the pesticide or material that
contains a pesticide:
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[[(a)]]ill
[Notice] notice signs and supporting information that are
approved by the [department] Department; [[and]]
[[(b)]]£2)
[The] the product label or other information that [the
federal Insecticide, Fungicide, and Rodenticide Act] FIFRA [, 7
U.S.C. 136 et seq.,] requires for sale of the pesticide[[.]]: and
ill
materials approved or distributed by the Department that:
CA)
explain the dangers of contamination that may occur from
pesticide use: and
au
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inform buyers of the availability of alternative products;
and
display a sign or signs in each area of the retail establishment where
registered pesticides are available to consumers. with language
approved by the Department. that:
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informs buyers of the County law on the use of registered
pesticides on lawns: and
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identifies pest control options that are permissible for lawn
application under the law.
The Department must enforce this Section and must annually inspect each
person who sells at retail
f!
pesticide or material that contains
f!
pesticide.
[33B-5] [[33B-3.]] 33B-4. Storage and handling of pesticides.
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Any person who sells at retail a pesticide or material that contains a pesticide must:
(a)
transport, display, and store each pesticide in a secure, properly labeled
container that resists breakage and leakage, and promptly clean up and
either repackage or properly dispose of any pesticide that escapes from
its container;
(b)
display and store each pesticide separately from any food, medicine, or
other product that a human being or animal may ingest; and
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(c)
transport each pesticide separately from any food, medicine, or other
product that a human being or animal may ingest unless the pesticide is
in a secure container that resists breakage and leakage[[;
(
d)
offer to each buyer of a pesticide materials approved or distributed by
the Department that:
(1)
explain the dangers of contamination that may occur from
pesticide use; and
(2)
inform buyers of the availability of alternative products]].
The Department, the Health and Human Services Department, and any other
agency designated by the County Executive, must enforce this Section.
[33B-6] [[33B-4.]] 33B-5. Regulations.
(a)
The [County] Executive must adopt regulations_ to carry out this Chapter
under method (2).
(b)
The Executive must include in the regulations adopted under this
[section] Section the minimum size or quantity. and type of pesticide
subject to (section 33B-4] Section [[33B-2]] 33B-3.
.{f}
[[The Executive must include in the regulations adopted under this
Section
!!
list of]] [[non-essential]] [[restricted lawn care pesticides. The
list of]] ([non-essential]] [[restricted lawn care pesticides must be based
on an evaluation of all lawn care pesticides and must include:
ill]]
[[fill
pesticides]] [[each pesticide classified]]
[~
"Carcinogenic
to Humans" or "Likely to Be Carcinogenic to Humans"]]
[[Qy
the
U.S. Environmental Protection Agency
as_:_
(A)
Qi}
"carcinogenic
to
humans" (Group A):
"likely to be carcinogenic to humans" (Groups B
1
and
B2):
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(Ql
"suggestive evidence of carcinogenic potential" (Group
C): or
ml
ill]]
ill]]
inadequate information to assess carcinogenic potential"
(Group D);
[[fill
pesticides]]
[[each pesticide classified
J2y
the U.S.
Environmental Protection Agency
as~
"Restricted Use Product";
[[all pesticides classified
as~
"Class 9" pesticide
J2y
the Ontario,
Canada, Ministry of the Environment]] [[each pesticide classified
by the International Agency for Research on Cancer as:
(A)
"carcinogenic to humans" (Group
1);
"probably carcinogenic to humans" (Group 2A):
"possibly carcinogenic to humans" (Group 2B): or
"not classifiable as to its carcinogenicity to humans"
(Group 3);
(fil
~
ml
(1}]]
[[fill
pesticides classified as
~"Category
l
Endocrine Disruptor"
hy the European Commission]] [[each pesticide in the top quartile
of toxicity for pesticides evaluated by the U.S. Environmental
Protection Agency or other federal government authority for
systemic non-carcinogenic human toxicity; and
ill]]
[[any other pesticides which the Executive determines are not
critical to ·pest management in the County]] [[each pesticide in
the top quartile of toxicity for pesticides evaluated by the U.S.
Environmental Protection Agency for:
(A)
chronic toxicity to fish: and
chronic toxicity to aquatic invertebrates.
£ID
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@]]
The Executive must include in the regulations adopted under this
Section
~
list of invasive species that may be detrimental to the
environment in the County.
[[{~]]@
The Executive must review and update the [[lists]] list of [[non-
essential]] [[restricted lawn care pesticides and]] invasive species
designated under ([subsections]] subsection
W
[[and@]]
.Qy
July
l
of
each year.
[33B-7] [[33B-5.]] 33B-6. Penalty for violating chapter.
(a)
(b)
Any violation of this Chapter is a class C violation.
Each day a violation continues is a separate offense.
ARTICLE 2. Notice Requirements.
[33B-2]
[[33B-6.]]
33B-7.
Notice
about
pesticides
to
customer
[[;,
acknowledgement and direction
by
customer]].
(a)
In
this [section] Section:
(1)
Customer means a person who makes a contract with a custom
applicator to have the custom applicator apply a pesticide to a
lawn.
(2)
New customer includes a customer who renews a contract with a
custom applicator.
(b)
A custom applicator must give to a new customer:
(1)
[Before] before application, a list of:
[a.](A)
used;
[b.](fil
[c.].{Q
[The] the generic name of each pesticide that might
[The] the trade name of each pesticide that might be
be used; and
[Specific] specific customer safety precautions
[L
including all potential health risks identified by the United
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(
d)
States Environmental Protection Agency and the World
Health Organization]] for each pesticide that might be
used; and
(2)
[After] after application, a list of:
[a.](A)
and
[b.](ID
(3)
[The] the generic name of each pesticide actually
[The] the trade name of each pesticide actually used;
used; and
[A]~
written notice about pesticides prepared by the [department]
Department under subsection (c) [of this section].
(c)
The [department] Department must prepare, keep current, and provide
to a custom applicator a written notice about pesticides for the custom
applicator
to
give to a customer under subsection (b) [of this section].
The notice prepared by the [department] Department under subsection
(c) [of this section] must include:
(1)
[Government] government agency phone numbers to call to:
[a.](A}
[Make] make a consumer complaint;
[Receive]
receive
technical
information
on
[b.](ID
[c.]
(Q
pesticides; and
[Get] get assistance m the case of a medical
emergency;
(2)
[A]
~list
of general safety precautions a customer should take
when a lawn is treated with a pesticide;
(3)
[A]~
statement that
a custom applicator must:
[a.](A)
[Be] be licensed by the Maryland Department of
Agriculture; and
[b.](ID
[Follow] follow safety precautions; and
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[~
(4)
[A]
~
statement that the customer has the right to require the
custom applicator to notify the customer before each treatment of
the lawn of the customer with a pesticide .
Before applying a pesticide to a lawn. a custom applicator must:
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inform a new customer of:
(A)
the existence of other means of pest control without the use
of restricted lawn care pesticides: and
LID
the practice of integrated pest management
(lPM),
including a description of the process of IPM that is
consistent with that of the U.S. Environmental Protection
Agency: and
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obtain from a new customer. in writing or other electronic format
approved by the Director :
(A)
acknowledgement
that
the
customer
received
the
information required under this subsection and subsection
(b); and
LID
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direction from the customer as to whether or not to use
IPM practices.
A custom applicator must retain a acknowledgement from a new
customer obtained under subsection (e) for at least one year.]]
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[33B-3] [[33B-7.]] 33B-8. Posting signs after application by custom applicator.
(a)
Immediately after a custom applicator treats a lawn with a pesticide, the
custom applicator must [post a sign on the lawn] place markers within
or along the perimeter of the area where pesticides [[will be]] have been
applied.
(b)
A [sign posted] marker required under this [section] Section must:
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(1)
[Be] be clearly visible [from the principal place of access to] to
persons immediately outside the perimeter of the property;
(2)
[Be] be a size, form, and color approved by the [department]
Department;
(3)
(Be] be made of material approved by the [department]
Department; [and]
(4)
[Have] have wording with content and dimensions approved by
the [department] Departmentf
.t
and
ill
ill}
be
in
place on the day that the pesticide is applied.
[[33B-8.]] 33B-9. Posting signs after application
!!Y
property owner or tenant.
A person who performs
~
private lawn application treating an area
more than 100 square feet. or an area of any size within five feet of a
propertv line. must place markers within or along the perimeter of the
area where pesticides [[will be]] have been applied.
(hl
A marker required under this Section must:
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be clearly visible to persons immediately outside the perimeter of
the property;
be
~
size, form, and color approved .Qy the Department;
be made of material approved.Qy the Department; and
have wording with content and dimensions approved .Qy the
Department; and
be in place on the day that the pesticide is applied.
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ARTICLE 3. [[Application restrictions.]] [[Pesticide use reduction.]]
Aoolication restrictions.
[[33B-9.]] 33B-10. [[Prohibited application.]] [[Countywide use reduction plan.]]
Prohibited aoplications.
UA
person must not
@Ply~
non-essential pesticide
to~
lawn.]]
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[[(a) The Director must by July 1. 2016 provide a report to the County
Executive and County Council that outlines options for:
(1)
determining a baseline estimate of the use of restricted lawn care
pesticides in the Countv: and
ill
measuring changes in the use of restricted lawn care pesticides in
the County overtime.
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The Director must then develop a restricted lawn care pesticide use
plan. with a goal of reducing. by 2018. the use in the County of
restricted lawn care pesticides other than in agriculture by at least 50%
from the baseline established under subsection
Ca).
(£)
If
the reduction goal is not achieved. the Director must implement
additional measures to further reduce the use of restricted lawn care
pesticides.]]
(ru
On County-owned propertv and private propertv. except as provided in
subsection (b), a person must not apply a registered pesticide other than
a listed pesticide to:
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alawn;
a playground;
a mulched recreation area;
a children's facility; or
the grounds of a children's facility.
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A person may apply any registered pesticide to:
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(2l
control weeds as defined
in
Chapter 5 8. Weeds:
control invasive species listed in a regulation adopted under
subsection 33B-5(c);
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control disease vectors;
control biting or stinging insects or stinging plants;
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396
397
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399
ill
(fil
control organisms that threaten the health of trees or shrubs:
maintain property as part of efforts by a public utility to comply
with aoolicable vegetation management prov1s10ns of any
federal. state. or local law or regulation:
ill
00
(2l
control indoor pests. if applied around or near the foundation of
a building:
control pests while engaged in agriculture: and
control a pest outbreak that poses an imminent threat to human
health or prevent significant economic damage if a registered
pesticide is not used.
(£J
If
a pesticide is applied under paragraph (b)(9) of this Section. the
person applying the pesticide must:
ill
within seven days after a pesticide is applied on private propertv.
notify the Department of the application and the reasons for the
use of the pesticide: or
ill
within 30 days after a pesticide is applied on County-owned
property. inform the Council of the application and the reasons
for the use of the pesticide.
[[33B-10.]] [[Exceptions and exemptions]] [[Playgrounds and Children's
Facilities.]]
UW
A person may
fil2Ply
a non-essential pesticide for the following
purposes:
ill
ill
ill
ill
for the control of weeds as defined in Chapter 58, Weeds;
for the control of invasive species listed
under Subsection 33B-4(d);
for pest control while engaged
in
agriculture; and
for the maintenance
of~
golf course.
- 17 -
in~
regulation adopted
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No.
52-14
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.{hl
A person may
fil?Ply
to the Director for an exemption from the
prohibition of Section 33B-9 for!! non-essential pesticide. The Director
may grant an exemption to
mmIY
!! non-essential pesticide on property
where application is prohibited under Section 33B-9 if the applicant
shows that:
ill
ill
ill
W)
effective alternatives are unavailable;
granting an exemption will not violate State or federal law; and
use of the non-essential pesticide is necessary to protect human
health or prevent significant economic damage.
A person may
illmJy
to the Director for an emergency exemption from
the prohibition in Section 33B-9 if!! pest outbreak poses an imminent
threat to public health or if significant economic damage would result
from the inability to use!! pesticide prohibited
:Qy
Section 33B-9. The
Director may impose specific conditions for the granting of emergency
exemptions.]]
[~
Except as provided in subsection Cb). a person must not apply a
restricted lawn care pesticide to a playground. children's facility. or
the grounds of a children's facility.
(hl
A person may apply a restricted lawn care pesticide to a playground.
children's facility. or the grounds of a children's facility only to:
ill
ill
ill
ill
ill
control weeds as defined in Chapter 58. Weeds:
control invasive species listed in a regulation adopted under
subsection 33B-4Cd):
control disease vectors:
control biting or stinging insects or stinging plants:
control organisms that threaten the health of trees or shrubs; or
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No. 52-14
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(fil
control a pest outbreak that poses an imminent threat to human
health or prevent significant economic damage if a restricted
lawn care pesticide is not used.]]
33B-11. Outreach and education campaign.
W
The Executive must implement
~
public outreach and education
campaign before and during implementation of the provisions of this
Article.
(bl
[[This]] The outreach and education campaign [[should]] must include
the provision of the following resources:
ill
the NOSB National List or the Organic Materials Review
Institute
(QMRJ)
listed products which are the NOSB National
list products categorized by use:
al
FIFRA
§
25(b)
minimum
risk pesticides. listed in 40 C.F.R.
§
152.25(£); and
ill
(£)
guidance on best practices for organic and pesticide-free lawn
.
care.
The outreach and education campaign should include:
[[{ill]]
ill
informational mailers to County households;
distribution of information through County internet and
[[Qi)]]
al
[~]]ill
[(@]]~
web-based resources;
radio and television public service announcements;
news releases and news events;
information translated into Spanish, French, Chinese,
[[{fil]]
ill
Korean, Vietnamese, and other languages, as needed;
[[ill]]
(fil
extensive use of County Cable Montgomery and other
Public, Educational, and Government channels funded
:Qy
the
County; [[and]] and
- 19 -
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No. 52-14
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[[(g}]]
ill
posters and brochures made available at County events, on
Ride-On buses and through Regional Service Centers, libraries,
recreation facilities, senior centers, public schools, Montgomery
College, health care providers, hospitals, clinics, and other
venues[[: and
(hl
a survey of pesticide use by County residents and custom
applicators]]~
[[ARTICLE 4. Common Ownershin Communities.
33B-12. Definitions.
In
this article the terms association document. common element. community
association. owner. and unit have the meanings attributed to them in Section lOB-8.
33B-13. Anolication of nesticide to individual units.
£ru
Beginning July 1. 2016. each year. a community association must
provide owners an opportunity to decline to have a restricted lawn care
pesticide applied
to
the owner's unit.
au
If
a unit owner declines to have a restricted lawn care pesticide applied.
the community association or its agent must not apply the restricted
lawn care pesticide to the unit.
33B-14. Apnlication ofnesticide to common elements.
£ru
Beginning July 1. 2016. each year. the owners in a common ownership
community must aoorove. by a majority of votes cast. in person or by
proxy. the application of a restricted lawn care pesticide to a common
element during the following year.
475
476
4 77
478
au
A community association may apply
to
the Director for an emergency
exemption from the prohibition or restrictions under this Section if a
pest outbreak poses an imminent threat to public health or if significant
economic damage would result from the inability to use a restricted
-20-
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No. 52-14
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~
lawn care pesticide. The Director may impose specific conditions on
each emergency exemption.
A community association must post notice of each pesticide application
to the common elements. The notice required under this subsection
must consist of signs that:
ill
12)
are clearly visible to persons immediately outside the perimeter
of the propertv;
are in place on the day that the pesticide is applied;
are of a size. form. and color approved by the Department;
are made of material approved by the Department and
have wording with content and dimensions approved by the
Department.]]
ill
ill
ill
ARTICLE
[[~]] [[~]]
.4i
County Property and Parks
[(33B-12.]] ([33B-15.J] 33B-12. [[Prohibition]] Neonicotinoid pesticides on
County-owned property.
.@}
Prohibition.
Except as provided in subsection
.{Q1
~
[[person]] County
employee or County contractor must not [(apply to any lawn]] use a
neonicotinoid pesticide on property owned
Qy
the County[[;]]
[[ill
ill
®
ill
~]]
[[non-essential]] [[restricted lawn care pesticide; or
~
neonicotinoidll.:
Exceptions.
A [[person]] County employee or CotJ?ty contractor may use
[[any larvicide or rodenticide on a lawn on property owned
12y
the
County as
~public
health measure to reduce the spread of disease
vectors under recommendations and guidance provided
J2y
the
Centers for Disease Control and Prevention, the United States
Environmental Protection Agency, or the State Department of
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No. 52-14
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Agriculture. Any rodenticide used must
be
in
~
tamper-proof
for~
~
product, unless the rodenticide is designed and registered
specific environment inaccessible to humans and pets.]]
neonicotinoid pesticide on County-owned property to control
pests while engaged in agriculture.
ill
[[A]]
[[person]] [[County employee or County contractor may
512
513
use
~]]
[[non-essential]] [[restricted lawn care pesticide or
neonicotinoid on a lawn on property owned
.Qy
the County for the
following purposes]] [[set
forth
in
Subsection 33B-10(a).]][[;,
(A)
,(ID
514
515
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532
for the controlofweeds as defined in Chapter 58. Weeds:
for the control of invasive species listed in a regulation
adopted under Subsection 33B-4(d):
,(Ql
(D)
for pest control while engaged in agriculture;
for the maintenance of a golf course: and
for the maintenance of medians and islands
in
County
rights-of-way.
!ID
ill
.A]]
[[person]] [[County employee or County contractor may use
~]]
[[non-essential]]
[[restricted
lawn
care
pesticide
or
neonicotinoid on a lawn on property owned
.Qy
the County if the
Director determines, after consulting the Directors of General
Services and Health and Human Services, that the use of the
pesticide is necessary to protect human health or prevent
imminent and significant economic damage, and that no
reasonable alternative is available.
If~
pesticide is used under]]
[[this paragraph]]
[L
the Director must, withln 30 days after using
the pesticide, report to the Council on the reasons for the use of
the pesticide.
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No. 52-14
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ii}]]
This Section does not apply to County-owned property that the
Parks Department operates or manages for the County.
[[33B-13.)] [[33B-16.)] 33B-13. Integrated pest management on County
property.
ill)
Adoption
Qf
program.
The Department must adopt[[,,
]2y
1!
method
owned
Qy:
the County.
ill
. regulation,]] an integrated pest management program for all property
.{hl
Requirements.
Any program adopted under subsection ®must require:
ill
ill
ill
monitoring the turf or landscape as appropriate;
accurate record-keeping documenting any potential pest problem;
evaluating the site for any injury caused
]2y
determining the appropriate treatment;
~
pest and
ffi
using
~
treatment that is the least damaging to the general
environment and best preserves the natural ecosystem;
ill
using~
treatment that will be the most likely to produce long-
term reductions in pest control requirements and is operationally
feasible and cost effective in the short and long term;
.(fil
using
~
treatment that minimizes negative impacts to non-target
organisms;
rn
.([}
using
~treatment
that is the least disruptive of natural controls;
using
~treatment
that is the least hazardous to human health; and
exhausting the list of all non-chemical methods and [(organic
treatments available]] listed pesticides for the targeted pest before
using any [[synthetic chemical]] other treatments.
.(21
.{£}
The Department must provide training in integrated pest management
for each employee who is responsible for pest management.
[[33B-17.)] 33B-14. County parks.
-23 -
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No. 52-14
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~
Policv.
It is the policy of Montgomerv County to promote
environmentally sensitive landscape pest management in its parks by
phasing out the use of the most hazardous pesticides and reducing
overall pesticide use while preserving landscape assets. maintaining
functionality of playing fields. and protecting the health and safety of
the public and County employees. To carry out this policy. the Parks
Department must. subject to appropriation. implement the provisions of
this Section.
Qi}
Pesticide-fi'ee parks.
The Parks Department must implement a
pesticide-free parks program that. at a minimum. consists of:
ill
the maintenance of certain parks entirely without the use of
[[restricted lawn care]] registered pesticides other than listed
pesticides [[or
neonicotinoids]]~
al
a program for reducing the use of [[restricted lawn care]]
registered
pesticides
other
than
listed
pesticides
[[and
neonicotinoids]] on playing fields that includes:
(Al
a pilot program consisting of at least five playing fields
maintained without the use of [[restricted lawn care]]
registered pesticides other than listed pesticides
Um:
neonicotinoids]] that:
ill
is conducted m consultation with an expert m
organic turf management. with experience m
successful transitions from conventional to organic
turf
management: and
(ii)
includes a publicly available plan describing the
practices and procedures used; [[and]]
-24-
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No. 52-14
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(ID
maintenance of all other playing fields using an integrated
pest management program: and
!Q
a plan submitted to the Council by September 2019 for
transitioning to maintenance of all playing fields without
the use of registered pesticides other than listed pesticides
by 2020: and
Ql
(£)
a public communication campaign to inform the public of the
existence and progress of the pesticide-free parks program.
Pesticide usage protocols.
The Parks Department must develop usage
protocols which limit the use of ([restricted lawn care]] registered
pesticides other
than
listed pesticides [[and neonicotinoids]] to the
maximum extent possible and. subject to the exceptions in subsection
(Qt
ill
do not permit the use of [[restricted lawn care]] registered
pesticides other than listed pesticides [[or neonicotinoids)] within
25 feet of a waterbody:
(2)
[[do not permit the application of restricted lawn care pesticides
or neonicotinoids to playgrounds in County parks; and
Q)J]
except where immediate application is necessarv to protect
human health or prevent significant economic damage. include
the posting of notice of each planned application of [[restricted
lawn care]] a registered pesticide other than a listed pesticide
[[Qr
neonicotinoid]] on the appropriate Parks Department website and
in the area where the pesticide is to be applied. from at least 48
hours before application through at least 48 hours after
application. that includes:
(A)
the common name of the pesticide:
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No. 52-14
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ail
(kl
(D)
the location of the application:
the planned date and time of the application: and
the reason for the use of the pesticide[(J]: and
614
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al
provide for pesticide aoolication information required under
paragraph (c)(2) to be made available to the public in real-time
and in a manner consistent with the Montgomery County Ooen
Data Act. Chapter 2. Article
XN
of this Code.
(dJ
Exceptions.
The pesticide-free parks program and pesticide usage
protocols may generally permit the application of a [[restricted lawn
care]] registered pesticide
to:
ill
(2J
control weeds as defined in Chapter 58. Weeds:
control invasive species listed in a regulation adopted under
subsection [[33B-4(d)]] 33B-5(c):
al
ill
ill
(fil
control disease vectors:
control biting or stinging insects or stinging plants:
control organisms that threaten the health of trees or shrubs:
remove weeds as part of the renovation of a playing field:
control pests while engaged in agriculture: and
otherwise protect human health or prevent significant
ill
[[ill]]
(fil
economic damage.
W
Reporting requirement.
The Parks Department must submit [[a report]]
semi-annual reports to the County Executive and County Council on or
before January 15 and July 15 of each year that:
ill
[(details restricted lawn care]] detail registered pesticide [[and
neonicotinoid]] usage. other than listed pesticide usage. m
County parks during the preceding year. including:
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No. 52-14
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665
(A)
the common name of each [[restricted lawn care]]
registered pesticide [[and neonicotinoidl] used:
ail
fi:l
(D)
the location of each application:
the date and time of each application: and
the reason for each use of a [[restricted lawn care]]
registered pesticide [[and neonicotinoid)];J[and]]
ill
ill
[[describes]] describe the status of the pesticide-free parks
program implemented under this Section: and
are available to the public in a manner consistent with the
Montgomery County Open Data Act Chapter 2. Article
XN
of
this Code.
Sec. 2. Initial [[Lists]] List of [[Non-Essential]] [[Restricted Lawn Care
Pesticides and]] Invasive Species.
The Executive must submit the [[lists]] list of
[[non-essential]] [[restricted lawn care pesticides and]] invasive species required by
[[Subsections]] Subsection [[33B-4(c) and (d)]] 33B-S(c) to the Council for approval
by [[January]] March 1, 2016
Sec. 3. Effective Date.
The [[prohibitions on]] [[requirements for the use
of]] [[non-essential]] [[restricted lawn care pesticides in common ownership
communities contained in]] [[Section 33B-9]] [[Sections 33B-12 and 33B-13. and
the]] prohibitions and requirements related to the [[on]] use of [[non-essential]]
[[restricted lawn care]] registered pesticides and neonicotinoids on County-owned
propertv and in County parks contained in [[Section 33B-14]] Sections [[33B-15]]
33B-10. 33B-12. 33B-13 and [[33B-17]] 33B-14 take effect on [[January]] July 1,
2016: the prohibitions on the use of registered pesticides on private property
contained in Section 33B-10 take effect on January 1. 2018.
[[Sec. 4. Expiration.
This Act and any regulation adopted under it expires on
January 1, 2019.]]
-27 -
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BILL
No.
52-14
666
667
Approved:
George Leventhal, President, County Council
fo/sr/;~
Date
668
669
670
671
Approved:
Returned Unsigned
Isiah Leggett, County Executive
10/19/15
Date
This is a correct copy ofCouncil action.
~Jn~,~
Linda M. Lauer, Clerk of the Council
10/;qf~
Date
-28-
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OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE, MARYLAND 20850
Isiah Leggett
County Executive
MEMORANDUM
October 19, 2015
TO:
FROM:
RE:
George Leventhal, Council President
Isiah Leggett, County Executiv
Bill 52-14, Pesticides -Notice - Requirements
I have received Bill 52-14 from the Council. I am returning the Bill without my
signature for the reasons explained below.
A number of individuals and groups have been involved in the debate over Bill
52-14, and I believe they allshare the goal of protecting public health and the environment. The
challenge has always been figuring out the best way to achieve this goal related to regulating the
use of pesticides.
No one would disagree that the issue is incredibly complex. There are differing
opinions on the state of the science and risk associated with pesticide use, society's perception
and values on what constitutes a healthy lawn, and the availability and viability of organic only
alternatives.
Most importantly, there are differing views on the role local government should
play in regulating pesticides.
I am concerned about the opinions of an Assistant Attorney General regarding
whether a ban on the use of certain pesticides in the County -would be preempted by state law.
Undoubtedly, this measure will be taken to court, and the result there is quite uncertain.
I support limited bans on child care centers, playgrounds, and other areas where
the potential effects on children may be greater, but believe additional outreach and education on
alternatives to non-essential pesticides are needed.
An
outright ban on the use of certain
pesticides will be confusing to residents and businesses in the County, and will make
enforcement of the law challenging, particularly given that these pesticides have been approved
for use by the .U.S. Environmental Protection Agency and the State of Maryland.
I remain opposed to setting a prescribed date for a ban of non-essential pesticides
on playing and recreational fields, particularly the County's higher-quality, compvtitive-level
playing fields. The amended legislation sets out an expectation that playing fields will be
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George Leventhal
October 19, 2015
Page 2
pesticide free by 2020 with submittal of a plan of action by 2019. My understanding is that turf
experts have expressed concerns that, because of factors unique to our Mid-Atlantic climate,
pesticides are required to ensure quality playing surfaces and to minimize player injury resulting
from uneven surfaces.
It
is my view that the schedule and scope of plans to create pesticide-free playing
fields should be informed by the pilot projects Parks is undertaking, as well as the current state of
the organic lawn care technology and feasibility, rather than an arbitrary deadline. That is
common sense. Why would we pre-judge the pilot project before it even begins?
Again, I appreciate the due diligence the Council has given to this issue.
However, I am returning the measure, and will allow it to go into effect without my signature.