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AGENCIES & DEPTS

View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

SANTA CLARA COUNTY CODE OF ORDINANCES: Sec. B28-5. Pesticide use.

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. B28-5. Pesticide use.

(a) Approved list. The County IPM Coordinator shall develop the approved list using a set of criteria that will be developed with the review and input of the IPM TAG. The criteria will take into account environmental and human health hazards, principles of the IPM approach, and technically based methods, conditions, and specifications for pesticide use. The County IPM Coordinator shall maintain the list of approved pesticides that may be used on County property. The approved list shall be reviewed and updated at least annually. The IPM Coordinator may amend this list as needed at any time as long as the products are consistent with the established criteria. These amendments shall be communicated to the IPM TAG in writing at the quarterly meetings.

(b) Specific exemptions. An exemption may be obtained from the County IPM Coordinator for use of a product not on the approved list as follows:

(1) One-year exemptions. The County IPM Coordinator may grant a specific exemption, with limited conditions for use, for a one-year period upon a written request showing that a department has:

a. Identified the need for use;

b. Made a good-faith effort to find alternatives to the pesticide;

c. Identified or demonstrated that effective economic alternatives to the pesticide do not exist for that particular use; and

d. Developed a reasonable plan for investigating alternatives to the pesticide during the exemption period.

(2) An exemption may be continued beyond the one-year period by filing a new request for exemption as required in Subsection (b)(i) above.

(3) The County Executive shall have the discretion to revoke any exemption.

(c) Emergency use of pesticides.

(1) A department responsible for maintenance of a site or facility may apply to the County IPM Coordinator for an emergency pesticide use exemption in the event that a pest outbreak poses an immediate threat to public health or may cause significant economic damage.

(2) If the County IPM Coordinator cannot respond to the application in a timely manner, the departmental IPM coordinator submitting the application may authorize the one-time emergency use of the required pesticide and provide notice of the emergency application to the County IPM Coordinator in writing within 48 hours.

(3) Posting of emergency use of pesticides shall be at the time of pesticide application and comply with all other posting requirements.

(4) Reporting of the exemption and pesticide use will comply with all other reporting requirements as stated in Section B28-8.

(Ord. No. NS-517.70, 5-21-02)

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