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HomeMy WebLinkAboutOES 29-07 - REPORT TO EXECUTIVE COMMITTEE Report Number: OES 29-07 Date: June 11, 2007 021 From: Everett Buntsma Director, Operations & Emergency Services Subject: Pesticide Use By-law - File: A- 2130 Recommendations: 1. That Report OES 29-07 of the Director, Operations & Emergency Services be received; and 2. That City staff organize, advertise and facilitate a public consultation process for the draft "Pesticide Use By-law"; and 3. That City staff take the necessary steps for the City of Pickering to become IPM (Integrated Pest Management) Accredited by the IPMlPHC (Plant Health Care) Council of Canada through the municipal program; and 4. That City staff expand the social marketing & public education program pertaining to healthy lawns, gardens and pesticide restrictions; and 5. That local retailers be requested to offer more alternatives to pesticides that are clearly and prominently displayed within the store. Executive Summary: The City of Pickering is committed to a socially, economically and environmentally sustainable community and this is reflected in the City's turf and garden maintenance practices. Staff have continued to take an integrated approach to managing our properties and sports fields. Proper mowing and aeration, an irrigation system, regular de-thatching and the use of organic fertilizers have greatly reduced the need for pesticides. Various areas within the City's parks have also been naturalized to further reduce the need for treatments. The City of Pickering has taken its commitment to a sustainable community one step further. On February 19, 2007 Pickering Council passed a Notice of Motion called "Healthy Community, Healthy Lawns and Gardens" directing staff to do the following: . research the pesticide restriction by-laws that other Canadian municipalities have implemented Report OES 29-07 June 11, 2007 Subject: Pesticide Use By-law il2Z . prepare a draft pesticide use by-law for consideration by the Executive Committee in June 2007, that prohibits the use of pesticides for cosmetic use on City-owned property and private properties. and establishes criteria for exceptions Page 2 Staff was also directed to propose a plan to present the draft by-law to the public. A draft City of Pickerin~, "Pesticide Use By-law" is attached to this report. Following public consultation and comment. a revised pesticide use by-law will be presented to Council for consideration. It is important that staff iand Members of Council recognize that a significant barrier to the successful implementation of a pesticide use by-law is the enforcement aspect. While the introduction of a by-law prohibiting the use of pesticides is in keeping with our Sustainable Pickering principles, enforcing such a by-law would be very difficult. Financial Implications: Recommendation #2: In order to organize, advertise and facilitate a public consultation process. approximately ~)10,OOO is required and needs to be funded since this initiative was not budgeted for in 2007. Recommendation #3: The cost to have the City of Pickering accredited with IPM is unknown at this time since all of the details of the municipal accreditation program have not been issued. Recommendation #4: In order to expand the social marketing & education program. additional funds will need to be allocated within future budgets. Recommendation #5: Outside of staff time, there is no financial implication to request the cooperation of local retailers. Sustainability Implicatilons: Pesticide restriction is a contentious issue for many reasons, one of which is because the information pertaining to the environmental and health effects can vary depending on the source. However, as with any chemical, when misused pesticides can be a problem for both the environment and human health and therefore, society overall. Ideally pesticide use restriction would reduce this problem however, that is only if the community abides by the pesticide restriction by-law. To assist the community transition from a reliance on pesticide products, City staff will use a variety of means to educate the community about proper lawn and garden care and alternatives to pesticides. With regard to the economy, by restricting pesticide use on municipal land and private property we are reducing the amount of pesticide based products that will be purchased from retailers as well as eliminating the ability for lawn care service providers to offer pesticide dependent care within Pickering. As a municipality, a pesticide use by-law would reduce our already limited purchase of pesticide products. CORP0227-07/01 revised Report OES 29-07 June 11, 2007 Subject: Pesticide Use By-law Page 3 023 At the same time, the community and municipality will need to increase the purchase of non-traditional pest control products and likewise will be increasing the demand for lawn care service providers that offer non-pesticide reliant services. Background: Staff compiled pesticide use and by-law related information from 2 upper tier and 17 lower tier municipalities in Ontario. This information was useful in the development of the draft Pesticide Use By-law. It was evident while reviewing the other municipalities' reports that public consultation is essential and will assist staff to review and revise the draft pesticide use by-law. Therefore, public consultation will be undertaken with the general public and appropriate stakeholders such as pest control companies, pesticide retailers and specific pesticide users. Staff recommend that we coordinate the public consultation process using a consultant. This process is important to the overall development of a pesticide use by-law and should be done by an experienced impartial third-party. Subject to funding being available, a consultant will be retained to assist with the development of a questionnaire. The questionnaire will be used to collect residents' and stakeholders' opinion pertaining to the draft by-law. To improve accessibility, the questionnaire may be made available on-line and in addition, may be mailed specifically to stakeholders. The consultant will facilitate a public meeting. The information that is gathered from the questionnaire and the public meeting will be compiled and modifications to the attached draft Pesticide Use By-law will be itemized in a future Report to Council. All available means will be used to make the public and appropriate stakeholders aware of these opportunities for comment including, but not limited to, media releases, personal contact, community page ads, website postings, radio ads, and the Community LED board. If timing coincides, the Green Pages section of the City's Leisure Guide, and community group newsletters will also be used to promote opportunities for awareness. A significant barrier to the successful implementation of a pesticide use by-law is the enforcement aspect. White the introduction of a by-law prohibiting the use of pesticides is in keeping with our Sustainable Pickering principles, enforcing such a by- law would be very difficult. To lay a charge for using prohibited pesticides, a Municipal Law Enforcement Officer would have to prove the contents of the pesticides being applied. A complaint from a neighbour who claims to have seen prohibited pesticides being applied will not provide the necessary proof. In situations where an officer was present to witness the application, it is still unlikely that samples of the material being applied could be gathered. There is also the issue of costs for lab tests to analyze the substance. CORP0227-07/01 revised Report OES 29-07 June 11, 2007 Su. blect: Pesticide us.e By-law 02/i Page 4 In the City of Toronto, once certain pesticides were prohibited, commercial lawn maintenance companies switched to acceptable organic products. Should a company claim this is what they were using, it would be very difficult to dispute the claim. Prior to the passage of any new by-law, it is always advisable to consider the practicality of enforcement. Staff have not been able to find an example of where a municipality in Ontario has successfully charged a resident for not complying with their by-law. Staff were advisied that the City of Toronto has one charge against a landscape company. Because successful enforcement will be very difficult, it may be a better option to adopt public i:lWareness campaigns, promote acceptable alternatives. After the public consultation process is complete for this draft Pesticide Use By-law other viable options may presE~nt themselves. To date, significant effort has gone into promoting proper lawn and garden care techniques and altern,atives to pesticides using a variety of means including educational workshops, information on the City's website and within the Green Pages section of the City's LE~isure Guide, Municipal Matters, and through Environmental displays. To elaborate, cl section of the City's website entitled "Property Green Up" was expanded to include additional information pertaining to proper lawn care, pesticide use and alternatives. In April and May 2007, recognizable guest speakers that are considered experts in thl~ir fields were hired to speak at 3 educational workshops called "Healthy Lawns, Healthy Gardens". The workshops were offered free of charge to residents and attendees could take home useful door prizes, organic lawn care kits, and literature from the City of Pickering's Environmental display and Toronto & Region Conservation Authority's Healthy Yards display. The workshops were very educational, entertaining and were sUlccessfully received by the public. Staff recommend that additional steps using other means founded around community- based social marketing be taken to educate the community about alternatives to pesticides and proper lawn and garden care. These initiatives will help residents learn how to minimize pest problems in the first place and therefore, reduce their reliance on pesticides. In addition, since it is not illegal to sell pesticides, the City will need to take steps to encourage re!tailers and service providers to provide readily available alternatives to consumers. These alternative products should be well advertised and displayed in prominent locations within the store, their staff should be knowledgeable about the products and if possible literature should be available for the user to take home. It is pertinent that the City of Pickering lead by example and also become IPM Accredited by the IPM/PHC (Plant Health Care) Council of Canada through the municipal program. The City has already been taking an integrated approach to managing municipal properties. Proper mowing and aeration, an irrigation system, regular thatching and the use of organic fertilizers have reduced the need for pesticides and has encouraged the growth of strong and healthy turf grass. Various areas within the City's parks have also been naturalized to further reduce the need for treatments. CORP0227-07/01 revised Report OES 29-07 June 11, 2007 Subject: Pesticide Use By-law Page 5 025 These actions have significantly reduced the use of pesticides on public lands over the last seven years. Staff continues to research up to date information, practices and new products that will provide quality turf grass with minimal pesticide applications required. It is a natural next step for the municipality to move forward and become IPM Accredited. Through education about alternative products, encouraging proper maintenance techniques, and by working with local retailers, the perceived need for pesticides will be reduced. In some circumstances though, pesticides are a useful tool and will need to be applied. These situations are outlined through the exemptions component of the Pesticide Use By-law and are consistent with what other municipalities have enacted in their by-laws. One main concern regarding the Pesticide Use By-law, as it is currently written is that it will be difficult if not nearly impossible to enforce with the current financial and staff resources. The reality of this situation may cause frustration for residents who perceived and desired the Pesticide Use By-law as an ultimate solution to prevent their neighbours from spraying chemicals. Another aspect that poses difficulty is the lack of consistency. A consistent approach throughout the province and country would assist since the burden of enforcement would be alleviated from the municipal level of government. According to the Region of Durham's Report No. 2007-MOH-17 to A. Cullen and Members of Health & Social Services Committee, dated April 5, 2007, the Region of Durham used the Rapid Risk Factor Surveillance System (2001-2003 data) to determine that overall 62% of households in the Region of Durham with lawn, gardens or hard surfaces applied pesticides. It is not illegal to sell or possess pesticides. If a higher level of government enacted a consistent approach, it would increase the likelihood of successful pesticide reductions. This same Report goes on to indicate that one of the options that Regional Council may pursue respecting the reduction/regulation of the use of pesticides in Durham Region includes exploring the development of a Regional by-law in consultation with Durham's municipalities. While this may not have the same impact as a provincial or national law, it may be more effective than an area municipal by-law. Attachments: 1. Draft Pesticide Use By-law 2. Region of Durham Report No. 2007-MOH-17 to A. Cullen and Members of Health & Social Services Committee, dated April 5, 2007 Prepared By: Approved I Endorsed By: CORP0227-07/01 revised Report OES 29-07 Subject: Pesticide Use By-law 112G 1i'>1 (/);V I hompson Manager, By-law EnforCE~ment Services (" ~(-~.. ~~ ~''''-lJ-''' 0 .....'( -;'NM"i;..',-> .(~' J, ""'d'O '.. ,,'t:o ....~ >~ Chantal Whitaker Coordinator, Environmental Awareness Programs June 11, 2007 Page 6 ,0-1 Everett Buntsma Director Operations & Emergency Services JCW Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council ~~~;;,~"~~,~"." .' -1- ..- Thomas J. Quinn, RDMR, CMMUt. Chief Administrative Officer ~,;:;,~. ....~~~,..". CORP0227-07/01 revised IAnACHMENT.--L TO REPORT # nc:-s/ ;). '1-07 ) . Citq ,,~ I ".{!. b ~. '~'n. 0 2 7 ~ ~~ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to regulate pesticide use WHEREAS pursuant to paragraph 6 of subsection 11 (2) of the Municipal Act, 2001, S.O. 2001, c. 25 municipalities may pass by-laws respecting the health, safety and well- being of persons; AND WHEREAS Council deems it necessary to regulate the use of pesticides within the City; NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF PICKERING ENACTS AS FOllOWS: PART I-INTERPRETATION Definitions 1. In this by-law, (a) "City" means the Corporation of the City of Pickering or the geographic area of the City of Pickering, as the context requires; (b) "IPM accreditation" means accreditation in a recognized integrated pest management programme from the Integrated Pest Management Plant Health Care Council of Ontario, the Audubon Cooperative Sanctuary System of Canada, or a similar body approved by the City; (c) "officer" means a municipal by-law enforcement officer appointed by the City; (d) "person" includes a corporation and the heirs, executors, administrators or other legal representatives of a person to whom the context can apply according to law; (e) "pest" means any injurious, noxious or troublesome insect or other arthropod, fungus, bacterial organism, weed, or other plant or animal pest 028 Iti RFPnnT .,~ 0 ::::;-<(.~ r) c7 - 07 "' .. '"'''' "".."_~"".",Jj C^ ;) ob-H '" and includes any injurious, noxious or troublesome organic function of a plant or animal; and I ,,~"""" ,"'1' "~ f'r"'. ..,? " !, <' ':" ~ ~}'<" ,J ~,. ':1 :,1 ~r ~ ;(", ~"'::1 r);Y_;i; (f) "pesticidC3" means a product, an organism or substance that is a registered control product under the federal Pest Control Products Act which is used as a means for directly or indirectly controlling, destroying, attracting or repelling a pest or for mitigating or preventing its injurious, noxious or troublesome effects, and for greater certainty only, does not include products listed in Schedule "A". References to Legislation 2. In this by-law, reference to any Act, regulation or by-law is reference to that Act, regulation or by-law as it is amended or re-enacted from time to time. Word UsagE! 3. This Agreement shall be read with all changes in gender or number as the context may require. 4. A grammatical variation of a word or expression defined has a corresponding meaniing. Construction 5. Unless otherwise specified, references in this by-law to sections and schedules are to sections and schedules in this by-law. Severability 6. Each section of this by-law is an independent section, and the holding of any section or part of any section of this by-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other section or parts of sections of this by-law. Application 7. This by-law shall apply to all lands and premises within the City, including lands owned by the City. PART II - USE OF PESTICIDES Prohibition 8. No person shall apply or cause or permit the application of any pesticide within the City. Page 2 Agricultural Exemption IATTACHMENT#-L TO REPORT# oesl ;:)'1-0'1 "3 ().f-- b 029 9. Section 8 does not apply where the pesticide is discharged on agricultural lands used in furtherance of a normal farm practice carried on as part of an agricultural operation pursuant to the Farming and Farm Production Protection Act, 1998. Pest Control in Buildings 10. Section 8 does not apply where the pesticide is used for pest control within a residence or other building. Insect Infestation 11. Section 8 does not apply where the pesticide is used to diminish or control an infestation. For purposes of this section, "infestation" means the presence of pests in numbers or under conditions that involve an immediate or potential risk of substantial loss or damage to property. Public Health Exemption 12. Section 8 does not apply where the pesticide discharge is necessary in the opinion of the Medical Officer of Health for the Regional Municipality of Durham to address a health hazard. Turf Sporting Venues Exemption 13. Section 8 does not apply where the pesticide is discharged to prevent fungal infestations on turf sporting venues such as sports fields, sports stadiums and lawn bowling greens, provided the applicator has an IMP accreditation. 14. Section 8 does not apply where the pesticide is discharged to prevent weed growth that may pose a hazard or safety concern for players on turf sporting venues, provided the applicator has an IPM accreditation. Noxious Weeds Exemption 15. Section 8 does not apply where the pesticide is discharged to destroy noxious weeds identified in the regulations to the Weed Control Act or any plant that has been designated as a noxious weed under a City by-law. Conservation Authorities Lands Exemption 16. Section 8 does not apply where the pesticide is discharged to control invasive species on lands owned or managed by a conservation authority established under the Conservation Authorities Act. Page 3 ,030 Golf Course and/or Driving Range Exemption ~ACHMENT #= -L TO REPORT~# a.~-J ~ 9 -0'-' l.{--oP-b 17. Section 8 does not apply where the pesticide is discharged on a golf course and/or golf drivinfl range provided the applicator has an IPM accreditation. Utility Exemption 18. Section 8 does not apply where the pesticide is discharged within a hydro corridor, or at any hydro substation, gas distribution station or gas transmission station, provided the applicator has an IPM accreditation. General Exemptions 19. Section 8 does not apply where pesticides are used, (a) to disinfect swimming pools, whirlpools, spas or wading pools; (b) to purify water intended for the use of humans or animals; (c) as a wood preservative; (d) for injection into trees, stumps, or wooden poles; or (e) as an insect repellent for personal use. PART III - ENFORCEMENT Inspections 20. An officer may, at any reasonable time, enter upon any land for the purpose of carrying out an inspection to determine whether or not the provisions of this by- law have been complied with. 21. For purposes of an inspection, an officer may, (a) require the production for inspection of any document or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; and Page 4 (d) .--.:-- [1 ! .lHTHfiH' IVirt'f\ri~}). TO R-I: POR'f # Ot:;. - -;)9 -D7 1..:'"' I _~::.. 1'1 I ~ "~t I . . t' 'th 5' 0..(2 0 . I a one or In conJunc Ion WI a person possessing specla or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. .,. ~, ,i. 0 31 22. No person shall obstruct the officer inspecting or withhold, destroy, conceal or refuse to furnish any information or thing required by the officer. Penalties 23. Every person who contravenes any provision of this by:-Iaw is guilty of an offence and upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences Act. PART IV - GENERAL Other Legislation 24. The provisions of this by-law are intended to complement the provisions of the Pest Control Products Act (Canada) and the Pesticides Act, and shall be enforced consistent with this intention. Short Title 25. This by-law may be referred to as the "Pesticide Use By-law". Effective Date 26. This by-law comes into effect on January 1, 2009. BY-LAW read a first, second and third time and finally passed this _ day of 2007. David Ryan, Mayor Debi Bentley, City Clerk Page 5 ,,;,. 032 ATTACHMENT #---1- TO REPORT # O~S ;).1-07 b o'~ to SCHEDULE "A" 1. A product that uses pheromones to lure pests, sticky media to trap pests or "quick-kill" traps for vertebrate species considered pests, such as mice and rats. 2. A product that is or contains only the following active ingredients: (a) a soap; (b) a mineral oil, also called "dormant or horticultural oil", (c) silicon dioxide, also called "diatomaceous earth"; (d) biological pesticides, including Bt (bacillus thuringiensis) and nematodes; (e) borax, also called "boric acid" or "boracic acid"; (f) ferric phosphate; (g) acetic acid; (h) pyrethrum or pyrethrins; (i) fatty acids; 0) sulphur; or (k) corn gluten meal. J.., ro REPORT# OES 2 q-o 7 _-1~.." of ._L Report To: Chair A. Cullen and Members Health & Social Services Committee 03:1 Report No.: 2007 -MOH-17 Date: April 5, 2007 SUBJECT: Regulation of Pesticide Use RECOMMENDATION: That the Health & Social Services' Committee recommends to the Regional Council that: a) The resolution of the Council of the Township of South Stormont regarding the regulation of the cosmetic use of pesticides is endorsed; b) The Premier of Ontario, Ministers of the Environment, Health and Long-Term Care and Health Promotion, Durham's MPPs, Acting Chief Medical Officer of Health, and the Council of the Township of South Stormont are so advised; c) This report is received for information; and d) This report is forwarded to Durham's municipalities and the Durham Environmental Advisory Committee for information. REPORT: 1. On October 25, 2006, the Regional Council referred Council Correspondence item 261 back to the Health Department for further information about banning/reducing the cosmetic use of pesticides (Appendix A). In essence, the correspondence from the CAO/Clerk of the Township of South Stormont urges the Government of Ontario to regulate the cosmetic use of pesticides on private property, thus "uploading" this responsibility from lower, single and upper tier municipalities to the Province. 2. As regards the municipal regulation of pesticide use, the Legal Department advises that historically, the legal authority for lower, single and upper tier municipalities to regulate the use of pesticides rested with section 130 of .the Municipal Act, 2001. However, Bill 130, the Municipal Statute Law Amendment Act, 2006 repealed section 130. Now the legal authority rests in section 11 of the Municipal Act, 2001 which states: (1) A lower-tier municipality and an upper-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public, subject to the rules set out in subsection (4). 42 Report No.: 2007-MOH-17 1'1r:f'.rr~t.....2! REPORT#~5l:9:a~e No: 2 2M 3 ., -- ......,>,.,,,,,,,.,,,,,,,,,,,,..-.-. 034 (211 A ' t' .. l' d t' .. l' '/ l ,ower- ler mUnIClpa Ity an an upper- ler mUnIClpa Ity may pass by- laws, subject to the rules set out in subsection (4), respecting the following matte'rs: 1. C;overnance structure of the municipality and its local boards. 2. Accountability and transparency of the municipality and its operations alnd of its local boards and their operations. 3. f=inancial management of the municipality and its local boards. 4. Public assets of the municipality acquired' for the purpose of e!xercising lts authority under this or any other Act. 5. f:conomic, social and environmental well-belna of the municipality. 6, tlealth, safety and well-beina of persons [Emphasis added). 7. Services and things that the municipality is authorized to provide under subsection (1). 8. Protection l)fpersons and property, including consumer protection. " 3. The Legetl Department is not aware of any upper tier municipality that has used suc:h. authority to regulate the use of pesticides. However,. some lower- tier and single tier municipalities (e.g., Ottawa, Peterborough and Toronto) have pas:sed such by-laws. For e.xample, Toronto's Pesticide Bylaw (Municipal Code 612) came into effect on April 1, 2004. By-law violation penalties began to apply for commercial pesticide users such as lawn care companies on September 1, 2005. Homeowners and renters will become subject to by-law penalties on . Septembttr 1, 2007. An "Interim Evaluation Report on Toronto's Pesticide Bylaw" blf Toronto's Medical Officer of Health dated February 9, 2007 indicates that 35% fewer Toronto households reported any of use of pesticides on their lawns, as, compared to 2003 (Appendix B). The report also indicates that an estimated 125 municipalities in six provinces have pesticide by-laws. In Toronto, the by-law is enforced by Public Health Inspectors with specialized training .mdcertlfication In Integrated Pest Management from the Ontario Integrated Pest Management/Plant Health Care Council. Since 2004, Public Health Inspectors have responded to over 3,000 complaints of possible by-law violations. Appendix C is a summary on pesticides by-laws and pesticide reduction programs prepared by Environmental Health staff. 4. Several Durham municipalities have adopted the principles of "Integrated Pest Management" and/or "Integrated Plant Health Care. Programs" aimed at reducing the use of pesticides on municipally-owned properties. In addition, others such as the Cities of Oshawa and Pickering are exploring the regulation of the cosmetic USEt of pesticides on both City-owned and private properties (Appendix D). 5. In Durham Region, the Rapid' Risk Factor Surveillance System (RRFSS) has been used to collec:t local data on the use of pesticides and support for by- laws. The most reCEtnt data was collected from 2001 to 2003; however, further 43 Report No.: 2007-MOH-17 t',: a..- R!~PO\')T'~ .... cS 2q.--o7 , r:;: . ~'\ +I-~.- Page No: 3 _-3.. '..Ii __.~_.. data will be collected in the spring of 2007. The RRFSS data can'" lie. ~ 035 summarized as follows: . 13% of Durham Region households had no lawn or garden; . 66% had a lawn or garden which they cared for themselves; . 20% hired a lawn care company; . 48% of households applied pesticides themselves; . 74% of households that hired a lawn care company had the company apply pesticides on their behalf; and . Overall, 62% of households with a lawn, garden or hard surface used pesticides in 2003 (Appendix E). 6. Currently, the Health Department provides information to Durham municipalities and the community on health issues related to the use of pesticides, integrated pest management and supporting strategies aimed at reducing pesticide use. For example, it has published and distributed throughout the community a pamphlet entitled, "Reducing Pesticides: A Guide to Healthy Lawns & Gardens" (Appendix F). The pamphlet and other information on pesticides can be found on Region's -Health portal (health.region.durham.on.ca) under Environmental Health Hazards. 7. Options that the Regional Council may pursue - respecting the reduction/regulation of the use pesticides in Durham Region include: a) Continuing to promote various pest control strategies aimed at reducing pesticide use to the community, municipalities, retail outlets, school boards and other stakeholders; b) Continuing to work with Durham municipalities on consistent approaches to reduced pesticide use including elimination of pesticides on municipally-owned properties; c) Supporting local municipal activities or initiatives related to development of by-laws regulating the use of pesticides including providing them with credible and relevant health information; and d) Exploring the development of a Regional by-law in consultation with Durham's municipalities. Respectfully submitted, , MD, MHSc, CCFP, FRCPC issioner & Medical Officer of Health 44