Intro. Res. No. 1748-99
Laid on the Table 6/29/99
Introduced by Legislator Bishop
RESOLUTION NO. xx-1999, ADOPTING LOCAL LAW
NO. XX-1999, A LOCAL LAW TO PHASE OUT THE USE
OF PESTICIDES ON SUFFOLK COUNTY PROPERTIES
WHEREAS, there was duly presented and introduced to this County Legislature at a regular meeting held on ___, 1999, a proposed local law entitled "A LOCAL LAW TO PHASE OUT THE USE OF PESTICIDES ON SUFFOLK COUNTY PROPERTIES" and said local law in final form is the same as when presented and introduced now, therefore be it
RESOLVED, that said local law be enacted in form as follows:
LOCAL LAW NO. 34-1999, SUFFOLK COUNTY, NEW YORK
A LOCAL LAW TO PHASE OUT THE USE OF PESTICIDES ON
SUFFOLK COUNTY PROPERTIES
BE IT ENACTED BY THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK, as follows:
This Legislature hereby finds and determines that Local Law No. 10-1996 was adopted by the Suffolk County Legislature on June 11, 1996 for the purpose of developing and implementing integrated pest management guidelines to be followed by all County employees and by those who provide pest control services to the County. On County owned or County leased properties, based on the expertise of independent professionals and members of the scientific community.
This Legislature also finds and determines that the provisions of Local Law No. 10-1996 are insufficient to address growing public concerns that the application of such pesticides are linked to a variety of cancers.
This Legislature also finds and determines that Resolution No. 868-1997 was adopted to direct the County Department of Parks, Recreation, and Conservation to develop an Organic Parks Maintenance Plan for all County parkland, including golf courses, which would substantially reduce or eliminate the use of fertilizers, pesticides, herbicides, and other toxic chemicals in the routine maintenance of said parklands and golf courses.
This Legislature further finds and determines that pesticides are linked to a number of other acute and chronic health problems.
Therefore, the purpose of this law is to phase out the use of pesticides by the County for many pest control purposes, and to adopt a pest control policy that substantially relies on non-chemical pest control strategies.
I.) Chapter 380 of the SUFFOLK COUNTY CODE is hereby repealed in its entirety and a new Chapter 380 of the SUFFOLK COUNTY CODE is hereby created to read as follows:
As used in this chapter, the following terms shall have the meanings indicated:
A.) "Anti-microbial pesticide" shall mean:
B.) "Pest" shall mean:
C.) "Pesticide" shall mean:
It shall include all pesticide 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.
A.) Effective January 1, 2000, no County department or agency, or any pesticide applicator employed by the County or agency as a contractor or subcontractor for pest control purposes, shall apply on County property (as owner or tenant) and 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, except as provided for in Section 380-3 of this Chapter.
B.) Effective January 1, 2001, no County department or agency , or any pesticide applicator employed by the County or agency as a contractor or subcontractor for pest control purposes, shall apply on County property (as owner or tenant) and 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, except as provided for in Section 380-3 of this Chapter.
C.) Effective January 1, 2003, no County department or agency or any pesticide applicator employed by the County or agency as a contractor or subcontractor for pest control purposes shall apply any pesticide on County property (as owner or tenant), except as provided for in Sections 380-3 of this Chapter.
A.) Notwithstanding any other provisions, this law shall not apply to the following:
B.) Nothing in this law should be interpreted to supersede any settlement of Long Island Neighborhood Network vs. County of Suffolk, with regard to proposed new County golf courses. On County owned and operated golf courses, the Superintendent is permitted to declare a "golf course emergency" if in his or her discretion there is an imminent threat of property damage that requires the use of materials otherwise prohibited by this law. In the event that this happens, the superintendent shall:
§380-4. Pest Management Plan.
A.) A Pest Management Committee is hereby created to consist of the following members:
The actual membership of this committee shall be the same as those individuals selected to fill these positions pursuant to Local Law 10-1996 prior to its repeal. This Committee shall expire, and the terms of office of its members terminate as of December 31, 2000, at which time this Committee shall deposit all of the records of its proceedings with the CAC.
B.) This Committee shall inventory all materials and data on the current use, application, impact, and effectiveness of pesticides. No later than December 31, 2000 the County Department of Health Services shall adopt a pest management plan. Such plan shall take effect on January 1, 2001 and shall be consistent with the provisions of this chapter and the provisions of Resolution No. 868-1997, the provisions of which Resolution shall be incorporated in said plan. Such plan shall address pest population monitoring, least toxic pesticides for use prior to January 1, 2002, and non-chemical pest control strategies for use after such date, which will effectively manage pest problems in a comprehensive manner.
§380-5. Community Advisory Committee.
A.) A Suffolk County Advisory Committee (CAC) is hereby created to oversee the implementation of this law by the County Department of Health Services.
B.) CAC shall consist of the following nine (9) members:
C.) CAC shall hold four (4) public meetings each year with representatives of the County Department of Health Services open to public participation.
D.) CAC shall issue annual reports to the Suffolk County Legislature on the progress of implementation of this local law.
E.) CAC may grant a temporary exemption of up to one (1) year for special use property located within Suffolk County. The list of specific properties may be determined in the exemption so granted and the specific pesticides to be used may be determined by the CAC. The list may be amended periodically by the CAC. Any such exemption may be periodically renewed for a period not to exceed one (1) year. If a vote on an exemption by CAC results in two (2) more votes being cast in opposition to the request, then such exemption shall not take effect unless and until it is ratified by a duly enacted resolution of the County of Suffolk, even if a majority of the entire membership of CAC has voted in favor of the exemption.
§380-6. Rules and Regulations.
The Commissioner of the County Department of Health Services is hereby authorized to promulgate and issue such rules and regulations as shall be necessary appropriate and sufficient to implement the provisions of this law.
This law shall be null and void on the day that statewide or nationwide legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this law, or in the event that a pertinent state of federal administrative agency issues and promulgates regulations preempting such action by the County of Suffolk. The County Legislature may determine, via mere resolution, whether or not identical or substantially statewide legislation has been enacted for the purposes of triggering the provisions of this section.
This law shall apply to any actions occurring on or after the effective date of this law.
If any clause, sentence, paragraph, subdivision, section or part of this law 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 law 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.
This Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this law constitutes and unlisted action pursuant to Section 617.2 of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and will not have a significant adverse impact on the environment within the meaning of Section 8-0109(2) of the NEW YOUR ENVIRONMENTAL CONSERVATION LAW because the use of pesticides will be more strictly controlled and their use will decrease in Suffolk County, thereby enhancing the preservation of sensitive groundwater and protecting public health against illnesses associated with the use of pesticides.
Furthermore, in accordance with Section 1-4(A)(1)(d) of the SUFFOLK COUNTY CHARTER and Section 279-5(C)(4) of the SUFFOLK COUNTY CODE the Suffolk County Council on Environmental Quality (CEQ) is hereby directed to prepare and circulate a SEQRA notice of determination of non-significance in accordance with this resolution.
This law shall take effect immediately upon filing in the office of the Secretary of State.
Last updated March 29, 2017